Blythe City Council
August 9, 2022

BLYTHE CITY COUNCIL
* Blythe
* *
ESTABLTSMED 1118
AGENDA
AUGUST 9, 2022
6:00 P.M.

Dale S. Reynolds, Mayor
Joseph DeConinck, Vice Mayor
Johnny Z. Rodriguez, Council Member
loseph Halby, III, Council Membe
Sam Burton, Council Membe
Mallory Crecelius, Interim City Manager/City Clerk
Brittany Roberto, City Attorney
MEETINGS ARE HELD IN THE CITY COUNCIL CHAMBER, 235 NORTH BROADWAY, BLYTHE, CA Blythe Blythe City Council Meeting
August 9, 2022
6:00pm

CALL TO ORDER

ROLL CALL
Mayor Reynolds Interim City Manager/City Clerk Crecelius Police Chief Dale Vice Mayor DeConinck City Attorney Roberto
Councilman Rodriguez City Treasurer/Finance Director Elms Councilman Halby Chief Building Official Brown
Councilman Burton Fire Chief Hasler

PLEDGE OF ALLEGIANCE

INVOCATION

ADDED STARTER
requires a unanimous vote.

PRESENTATION:

1. Recognizing the Blythe Little League All-Star Teams.

CONSENT CALENDAR- (Items 2-15)
All matters listed under Consent Calendar are considered routine and will be enacted by one motion. There will be no separate discussion of these items prior to the time of voting on the motion unless members of the Council or staff request specific items be discussed and/or removed from the Consent Calendar for separate action.

2. Posting of the Agenda.

The summary of agenda items were posted on the bulletin boards on the outside of the public entrance to the Council Chamber and near the inside entrance of the Council Chamber on Friday, August 5, 2022.

3. Approval of the Warrant Register.

Recommendation: Approve 8/9/2022, warrants numbered 75523 through 75574 in the amount of $457,243.01; 8/9/2022, warrants numbered 75513 through 75522 in the amount of $310,064.13; 8/9/2022, Utility Billing Refund warrants numbered 75497 through 7575512 in the amount of $2,042.50; 8/9/2022, warrants numbered 75442 through 75496 in the amount of $3,431,317.18 and 8/9/2022, warrants numbered 75391 through 75441 in the amount of $440,337.35.

4. Approval of the Payroll Register.

Recommendation: Approve 8/9/2022, warrants numbered 53082 through 53083 in the amount of $629.76; 8/09/2022, warrants numbered 53084 through 53102 and Direct Deposit warrants numbered 53950 through 53648 in the amount of $254,347.31; 8/9/2022, warrant numbered 53103 and Direct Deposit warrant numbered 53649 in the amount of $1,557.86; 8/9/2022, warrants numbered 53014 throuah 53119 and Direct Deposit warrants numbered 53650 through 53706 in the amount of $228,500.79 and 8/9/2022, warrants numbered 53707 through 53810 in the amount of $85,017.87.

Minutes of the July 12, 2022 City Council Meeting.

Recommendation: Approve the Minutes of the July 12, 2022 Meeting.

6. City of Blythe Permits issued for the Month of July 2022.

Recommendation: Receive and file this monthly report.

Public inspection in the Cily Clerks tice at Cry Hat, 2G N. Broadlay, Brie, califomi during normal bull bes are nade for such writings and documents will be posted on the City's website: www.cityofblythe.ca.gov.

7. City of Blythe Fire Department Monthly Activity Report for July 2022.

Recommendation: Receive and file the monthly report.

8. City of Blythe Police Department Monthly Activity Report for July 2022.

Recommendation: Receive and file the monthly report.

9. Quality of Life Pilot Program Activity Report for July 2022.

Recommendation: Receive and file the monthly Report.

10. Notice of Completion- Lovekin/Barnard Street Rehabilitation Project.

Recommendation: Accept the work performed by Rove Engineering, Inc. for the Lovekin/Barnard project, authorize the Mayor and City Clerk to execute and file the Notice of Completion and authorize the City Manager to release retention payments once the Notice of Completion is recorded and release project bonds once appropriate.

11. Financial Audit Engagement for Fiscal Year 2021/22.

Recommendation: Authorize an Engagement Letter with Teaman, Ramirez and Smith for audit services in an amount not to exceed $69,100.

12. Voting Delegate- League of California Cities Annual Conference.

Recommendation: Authorize the Mayor to serve as the City's voting delegate to place votes on behalf of the City at the Annual League Conference.

13. Consideration of Resolution Determining the Need to Continue the Local Emergency Due to May 23, 2022 Fire on Spring Street.

Recommendation: Adopt the following Resolution:

RESOLUTION NO. 2022-028. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA DETERMINING THE NEED TO CONTINUE THE LOCAL EMERGENCY PROCLAIMED ON MAY 24, 2022 ANI PREVIOUSLY CONTINUED ON JULY 12, 2022 DUE TO THE FIRE THAT STARTED ON MAY 23, 2022.

14. Ordinance adding Chapter 15.64 to Title 15 of the Blythe Municipal Code Relating to EV Charging Station Permits.

Recommendation: Adopt Ordinance No. 916-22:

RDINANCE NO. 916-22. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, ADDIN NEW CHAPTER 16.64 (ELECTRIC VEHICLE CHARGING STATION PERMITS) TO TITLE 15 (BUILDINGS AN CONSTRUCTION) OF THE BLYTHE MUNICIPAL CODE.

15. Ordinance Repealing and Replacing Chapter 8.28 of the Blythe Municipal Code Relating to Nuisances and Nuisance Abatement.

Recommendation: Adopt Ordinance No. 917-22:

ORDINANCE NO. 917-22. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, REPEALING AND REPLACING CHAPTER 8.28 (NUISANCES) OF TITLE 8 (HEALTH AND SAFETY) OF THE BLYTHE MUNICIPAL CODE RELATING TO PUBLIC NUISANCES AND NUISANCE ABATEMENT PROCEDURES.

PUBLIC HEARING: (Items 16-17)

16. Certification of Environmental Impact Report (EIR) Prepared for the Edelweiss Sustainable Farms Project.

Recommendation: Subsequent to the Public Hearing, adopt Resolution No. 2022-026 certifying the EIR, adopting and making certain findings related to the Edelweiss Sustainable Farms Project, direct staff to file the Notice of Determination and adopt Resolution No. 2022- 027 approving the Site Plan for the prosed project.
ny writings or documents provided to a majority of the City Council regarding any item on this Agenda will be made available fo ublic inspection in the City Clerk's Office at City Hall, 235 N. Broadway, Blythe, Califomia during normal business hours. In additio such writings and documents will be posted on the City's website: www.cityofblythe.ca.gov.

RESOLUTION NO. 2022-026. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA

CERTIFYING AN ENVIRONMENTAL IMPACT REPORT, ADOPTING AND MAKING CEQA FINDINGS RELATING TC

THE EDELWEISS SUSTAINABLE FARMS PROJECT LOCATED SOUTH OF HOBSONWAY, NORTH OF INTERSTATE 10, WEST OF LOVEKIN BOULEVARD AND EAST OF DEFRAIN BOULEVARD.

RESOLUTION NO. 2022-027. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE CONTAINING FINDINGS IN SUPPORT OF APPROVING SITE PLAN 2105-002 FOR THE EDELWEISS SUSTAINABLE FARMS PROJECT.

17. Proposed Ordinance No. 918-22 Amending Provisions of the Zoning Code Relating to Residential Care Facilities, Group Dwellings and the Definition of Family for Compliance with State and Federal Law.

Recommendation: Council, acting as the City's Planning Agency, conduct a public hearing regarding proposed Ordinance No. 918-22:

ORDINANCE NO. 918-22. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, AMENDING TITLE 17 (ZONING) OF THE BLYTHE MUNICIPAL CODE RELATING TO RESIDENTIAL CARE FACILITIES

AND THE DEFINITIONS OF GROUP DWELLINGS AND FAMILY FOR COMPLIANCE WITH STATE AND FEDERAL CONTINUED BUSINESS: (Item 18)

18. Emergency Sewer Repairs at Hobsonway and Lovekin Blvd.

Recommendation: Review the emergency action in place for the collapsed sewer line at Hobsonway and Lovekin Blvd. It is further recommended Council, by a 4/5 vote, determine there is a need to continue the emergency repairs.

NEW BUSINESS: (Items 19-20)

19. September City Council Meeting Schedule.

Recommendation: Hold the September City Council Meeting on September 27, 2022 and go dark Tuesday, September 13,2022.

20. Response to the 2021-22 Grand Jury Report.

Recommendation: Council approve the City's response to the 2021-2022 Grand Jury Report, in substantially the form as attached and in such final form as approved by the Interim City • Manager, authorize the Mayor to execute the response and direct staff to submit the response as required.

ORAL REPORTS (Council may ask a question for clarification, make a brief announcement, make a brief report on his/her own activities, request staff to report back at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda.) PUBLIC COMMENT Public comments will be allowed on matters not appearing on the agenda, but within Council/Blythe Successor Agency jurisdiction. Speakers are asked to identify themselves by stating their name and address for the record. Comments shall be limited to 3 minutes in duration.

ADJOURNMENT The next meeting will be held on September 27, 2022 at 6:00 p.m. in the Council Chamber, 235 N. Broadway, Blythe, California.

NOTE TO THE PUBLIC:

In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact ADA Coordinator Mallory Crecelius at (760) 922-6161 EXT. 1237 or by email at [email protected]. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.104 ADA ny writings or documents provided to a majority of the City Council regarding any item on this Agenda will be made available fi ublic inspection in the City Clerk's Office at City Hall, 235 N. Broadway, Blythe, Califomia during normal business hours. In additic such writings and documents will be posted on the City's website: www.cityofblythe.ca.gov.

CONSENT

CALENDAR
vchlist Voucher List Page:
08/05/2022 9:09:38AM City of Blythe
Bank code: union
Voucher Date Vendor Invoice PO# Description/Account Amount 75523 8/9/2022 005178 ALFARO, EVELYN ZPM7/2022 016772 ZUMBA INSTRUCTOR 7/2022 300.00 Total : 300.00
75524 8/9/2022 007560 AMAZON CAPITAL SERVICES, INC 1KXRW3V44KGV 016731 PARTS/SUPPLIES 226.44 1M43VDRWLLCN 016650 PARTS/SUPPLIES 41.30
1WF1DQWVF3YW 016728 PARTS/SUPPLIES 206.63
Total : 474.37
75525 8/9/2022 002458 AQUA-METRIC SALES, CO INV0089560 016509 PARTS/SUPPLIES 5,075.29 Total : 5,075.29
75526 8/9/2022 006873 ARAMARK 5880048416 016797 UNIFORM SERVICE/MATS & TOWEI 298.23 5880053490 016797 UNIFORM SERVICE/MATS & TOWEI 298.23
5880059183 016797 UNIFORM SERVICE/MATS & TOWEI 298.23
5880064471 016797 UNIFORM SERVICE/MATS & TOWEI 298.23
Total : 1,192.92
75527 8/9/2022 000016 BABCOCK LABORATORIES, INC CG22209-0040 016814 TESTING SERVICES 47.25 CH20093-0040 016814 TESTING SERVICES 768.48
Total : 815.73
75528 8/9/2022 007828 BECK OIL, INC 55747CL 016815 DIESEL FUEL 558.86 Total : 558.86
75529 8/9/2022 004804 CITY OF BLYTHE JULY 2022 AMOUNT BILLED TO CUSTOMERS 33,930.00 Total : 33,930.00
75530 8/9/2022 007689 CORDOVA, LUIS 083022 016714 PER DIEM 35.00 Total : 35.00
75531 8/9/2022 005603 CR&R INCORPORATED JULY 2022 016787 FRANCHISE CONTRACT 7/2022 78,735.89 Total : 78,735.89
75532 8/9/2022 000083 CRAWFORD ASSOCIATES 19194 016782 CONCRETE 379.54 Total : 379.54
75533 8/9/2022 003909 CS-AMSCO 17931 016627 TRAINING SERVICES 2,250.00 Page:
chlist Voucher List Page:
08/05/2022 9:09:38AM City of Blythe
Bank code : union
Voucher Date Vendor Invoice PO # Description/Account Amount 75533 8/9/2022 003909 003909 CS-AMSCO (Continued) Total : 2,250.00 75534 8/9/2022 000156 CYLE JOHNSON ELECTRIC INC 55142 016725 REPAIR/MAINTENANCE SERVICES 1,086.80 55159 016726 REPAIR/MAINTENANCE SERVICES 379.03
Total : 1,465.83
75535 8/9/2022 000084 D & LAUTO PARTS INC 8681-193301 016724 PARTS/SUPPLIES 154.64 8681-193327 016723 PARTS/SUPPLIES 175.67
8681-193374 016727 PARTS/SUPPLIES 193.38
Total : 523.69
75536 8/9/2022 004431 DANA KEPNER COMPANY INC 9516911-00 016776 PARTS/SUPPLIES 760.94 Total : 760.94
75537 8/9/2022 005996 DE LAGE LANDEN PUBLIC FINANCE 77094105 016816 CONTRACT 25563258 8/1-8/31/2022 553.94 Total : 553.94
75538 8/9/2022 007471 DUENAZ, VICTOR 1145-6646 016793 REIMBURSEMENT - REGISTRATION 149.99 Total : 149.99
75539 8/9/2022 004239 FABANICH, TROY 083022 016716 PER DIEM 35.00 Total : 35.00
75540 8/9/2022 002791 FISHER WIRELESS SERVICES INC 233870 016817 REPAIR/MAINTENANCE SERVICES 54.15 233879 016817 REPAIR/MAINTENANCE SERVICES 75.00
Total : 129.15
75541 8/9/2022 007059 FLEETREW 5286 016779 INSPECTION SERVICES 637.99 5290 016779 INSPECTION SERVICES 462.99
5321 016779 INSPECTION SERVICES 462.99
5323 016779 INSPECTION SERVICES 462.99
Total : 2,026.96
75542 8/9/2022 004242 GANDARA, EMMANUEL 083022 016715 PER DIEM 35.00 Total : 35.00
75543 8/9/2022 000318 GLENN JOHNSON COOLING/HEATING 035202 016400 REPAIR/MAINTENANCE SERVICES 457.25 Page:
vchlist Voucher List Page:
08/05/2022 9:09:38AM City of Blythe
Bank code : union
Voucher Date Vendor Invoice PO# Description/Account Amount 75543 8/9/2022 000318 000318 GLENN JOHNSON COOLING/HEATI/ (Continued) Total : 457.25 75544 8/9/2022 007954 HOLQUIN, CALI 080422 COMMUNITY CENTER DEPOSIT RE 150.00 Total : 150.00
75545 8/9/2022 000150 INLAND BUILDERS SUPPLY INC 016732 016732 PARTS/SUPPLIES 51.07 H51661 016645 PARTS/SUPPLIES 77.66
H52535 016734 PARTS/SUPPLIES 4.98
H52542 016733 PARTS/SUPPLIES 116.50
H52660 016777 PARTS/SUPPLIES 31.49
H52818 016777 PARTS/SUPPLIES 14.65
H52901 016777 PARTS/SUPPLIES 4.34
H54167 016647 PARTS/SUPPLIES 84.35
H54228 016647 PARTS/SUPPLIES 23.82
H57798 016778 PARTS/SUPPLIES 6.49
H58103 016721 PARTS/SUPPLIES 44.91
H58538 016789 PARTS/SUPPLIES 6.49
H58950 016742 PARTS/SUPPLIES 23.82
H64233 016796 PARTS/SUPPLIES 58.69
T49421 016647 PARTS/SUPPLIES 30.40
Total : 579.66
75546 8/9/2022 004956 JAKOBSEN, ROBERT 083022 016712 PER DIEM 35.00 Total : 35.00
75547 8/9/2022 007369 LAMBERT, JENNIFER 016804 BLOOD DRAWS/ON CALL FEE 7/20: 825.00 Total: 825.00
75548 8/9/2022 006418 LEON, MARIO 082522 016662 PER DIEM 35.00 Total: 35.00
75549 8/9/2022 007106 MOGG, WAYNE 082522 016663 PER DIEM 35.00 Total : 35.00
75550 8/9/2022 006672 MORENO, RUDY 083122 016718 PER DIEM 35.00 Total : 35.00
75551 8/9/2022 002852 MORRIS, JAMES 2857057 016818 REIMBURSEMENT - PARTS/SUPPLI 80.42 Page:
vchlist Voucher List Page:
08/05/2022 9:09:38AM City of Blythe
Bank code : union
Voucher Date Vendor Invoice PO# Description/Account Amount 75551 8/9/2022 002852 002852 MORRIS, JAMES (Continued) Total : 80.42 75552 8/9/2022 006048 MORRISON, TOM 083122 016719 PER DIEM 35.00 Total : 35.00
75553 8/9/2022 003181 NORTHERN SAFETY CO INC 904875908 016707 SAFETY SUPPLIES 23.19 904877472 016707 SAFETY SUPPLIES 42.09
Total : 65.28
75554 8/9/2022 006734 NUNEZ, NATHANIEL 083122 016717 PER DIEM 35.00 Total: 35.00
75555 8/9/2022 000201 PALO VERDE VALLEY TIMES INC 072238816 016819 PUBLICATIONS 7/1-7/31/2022 1,261.25 Total : 1,261.25
75556 8/9/2022 000039 PETTY CASH 080422 HOMELESS OUTREACH FUND 516.86 Total : 516.86
75557 8/9/2022 000213 QUILL CORPORATION 26189176 016530 SUPPLIES 28.26 Total : 28.26
75558 8/9/2022 000315 RDO EQUIPMENT CO P9016042 016737 PARTS/SUPPLIES 30.98 P9030842 016738 PARTS/SUPPLIES 108.82
Total: 139.80
75559 8/9/2022 005981 ROAD RUNNER SUPPLY 148279 016729 PARTS/SUPPLIES 248.25 Total: 248.25
75560 8/9/2022 003606 RODRIGUEZ, GUSTAVO 103 016805 WATER TREATMENT SERVICES 7/2 1,825.00 Total : 1,825.00
75561 8/9/2022 006511 SHAWN COPELAND ELECTRIC 1753 016784 REPAIR/MAINTENANCE SERVICES 5,005.10 016784
Total: 5,005.10
75562 8/9/2022 000241 SMART & FINAL IRIS CORP 214355,426722 016773 SUPPLIES 370.37 Total: 370.37
Page:
vchlist Voucher List Page:
08/05/2022 9:09:38AM City of Blythe
Bank code: union
Voucher Date Vendor Invoice PO# Description/Account Amount 75563 8/9/2022 002361 SOUTHWEST RUBBER & SUP CO INC 498692-001 016572 PARTS/SUPPLIES 1,677.97 498980-001 016554 PARTS/SUPPLIES 247.29
Total: 1,925.26
75564 8/9/2022 005176 SPARKLETTS 9470757 016807 BULK DRINKING WATER/PW 46.61 Total : 46.61
75565 8/9/2022 007953 TAFT, CONNIE 080422 COMMUNITY CENTER DEPOSIT RE 150.00 Total : 150.00
75566 8/9/2022 007841 TRIPLE H PARTS SUPPLY, INC 499245 016740 PARTS/SUPPLIES 6.76 Total: 6.76
75567 8/9/2022 003324 ULINE 151202215 016573 PARTS/SUPPLIES 371.89 Total: 371.89
75568 8/9/2022 000266 UNDERGROUND SERVICE ALERT/SC 22-230067 016808 CA STATE FEE FOR REGULATORY: 33.03 720220062 016808 DIG ALERT TICKETS 7/2022 34.50
Total: 67.53
75569 8/9/2022 002392 US BANK 2043143 016820 CITY HALL/COUNTY COURTHOUSE 303,262.50 Total : 303,262.50
75570 8/9/2022 000991 USA BLUEBOOK 041866 016556 PARTS/SUPPLIES 314.00 041976 016556 PARTS/SUPPLIES 194.66
043478 016735 PARTS/SUPPLIES 112.98
043548 016556 PARTS/SUPPLIES 18.10
Total: 639.74
75571 8/9/2022 007485 VARGAS-RAMIREZ, ARTURO 082522 016664 PER DIEM 35.00 Total: 35.00
75572 8/9/2022 007690 WADLEY, COTY 083022 016713 PER DIEM 35.00 Total : 35.00
75573 8/9/2022 000278 WEEKS PRINTING 22443 016575 PRINTING/CUSTOM SERVICES 186.62 29442 016489 PRINTING/CUSTOM SERVICES 549.02
Page:
vchlist Voucher List Page:
08/05/2022 9:09:38AM City of Blythe
Bank code : union
Voucher Date Vendor Invoice PO# Description/Account Amount 75573 8/9/2022 000278 000278 WEEKS PRINTING (Continued) Total : 735.64 75574 8/9/2022 005011 WILLDAN FINANCIAL SERVICES 010-51998 016821 PROFESSIONAL SERVICES - ANNU 8,776.48 Total : 8,776.48
52 Vouchers for bank code: union Bank total : 457,243.01 52 Vouchers in this report Total vouchers : 457,243.01

CLAIMS VOUCHER APPROVAL
I HEREBY CERTIFY THAT WARRANTS NUMBERED 75523-75574
IN THE AMOUNT OF $457,243.01 HAVE BEEN REVIEWED FOR
PAYMENT BY THE DIRECTOR OF FINANCE. I FURTHER CERTIFY THAT

COUNCILMEMBERS OF THE CITY OF BLYTHE, CA APPROVED SAID
WARRANTS AT THE MEETING OF AUGUST 9, 2022.
hist Clus

CHRISTA ELMS

DIRECTOR OF FINANCE
Page:
vchlist Voucher List Page:
08/04/2022 8:40:18AM City of Blythe
Bank code : union
Voucher Date Vendor Invoice PO # Description/Account Amount 75513 8/9/2022 007802 CALIFORNIA HEALTH & SAFETY INC 22-136CALB 016711 REPAIR/MAINTENANCE SERVICES 3,216.00 Total : 3,216.00
75514 8/9/2022 000084 D & LAUTO PARTS INC 8681-192799 015951 PARTS/SUPPLIES 119.33 Total: 119.33
75515 8/5/2022 004771 LANDMARK LP0522-55 016616 PROFESSIONAL SERVICES 4/28-5/11/21 9,894.00 Total: 9,894.00
75516 8/5/2022 004771 LANDMARK LP0722-21 016617 PROFESSIONAL SERVICES 6/9-6/22/20: 9,016.80 Total: 9,016.80
75517 8/9/2022 001675 NRO ENGINEERING 07-22-019 016775 PLAN CHECK SERVICES - GENERATIO 3,375.00 07-22-020 016775 PLAN CHECK SERVICES - GENERATIO 3,000.00 07-22-021 016775 PLAN CHECK SERVICES - LG HARVES 3,000.00 Total : 9,375.00
75518฿ 8/5/2022 003414 OVIVO USA, LLC 8482715REV 016162 CLARIFIER REPLACEMENT 179,500.00 Total : 179,500.00
75519 8/5/2022 007884 RADCO, INC C/O 5 016786 HOBSONWAY SEWER EMERGENCY RE 70,110.00 C/O 6 016786 HOBSONWAY SEWER EMERGENCY RE 13,243.00
Total: 83,363.00
75520 8/9/2022 000141 THE HOLT GROUP INC B22-06-202 016771 SURVEYING/CONSTRUCTION STAKING 2,500.00 B22-06-203 016770 ENGINEERING/CONSTRUCTION INSPE 2,920.00 Total: 5,420.00
75521 8/9/2022 001981 US BANK 6501271 016798 WASTEWATER REVENUE REFUNDING 2,970.00 6501272 016798 WATER REVENUE REFUNDING BOND: 2,970.00
Total: 5,940.00
75522 8/9/2022 005011 WILLDAN FINANCIAL SERVICES 010-51933 016799 WATER/SEWER RATE STUDY 4,230.00 Total: 4,230.00
10 Vouchers for bank code : union 310,064.13
Bank total:

Page:
vchlist Voucher List Page:
08/04/2022 8:40:18AM City of Blythe
Bank code : union
Voucher Date Vendor Invoice PO # Description/Account Amount 10 Vouchers in this report Total vouchers: 310,064.13

CLAIMS VOUCHER APPROVAL
I HEREBY CERTIFY THAT WARRANTS NUMBERED 75513-75522
IN THE AMOUNT OF $310,064.13 HAVE BEEN REVIEWED FOR
PAYMENT BY THE DIRECTOR OF FINANCE. I FURTHER CERTIFY THAT

COUNCILMEMBERS OF THE CITY OF BLYTHE, CA APPROVED SAID
WARRANTS AT THE MEETING OF AUGUST 9, 2022.

C'hist Elus

CHRISTA ELMS

DIRECTOR OF FINANCE
Page:
vchlist Voucher List Page:
07/29/2022 11:10:33AM City of Blythe
Bank code : union
Voucher Date Vendor Invoice PO # Description/Account Amount 75497 7/26/2022 007947 AZARIAN, MIKE MAIS Ref000211029 UB Refund Cst #025454 75.42 Total : 75.42
75498 7/26/2022 002145 COTA, JOE Ref000211021 UB Refund Cst #016396 7.91 Total : 7.91
75499 7/26/2022 007944 EDDY, ROSA Ref000211026 UB Refund Cst #024071 112.41 Total : 112.41
75500 7/26/2022 007942 EDDY, SEANEA Ref000211024 UB Refund Cst #022839 41.01 Total : 41.01
75501 7/26/2022 007949 GUNDERSON, LUKAS Ref000211031 UB Refund Cst #025686 105.78 Total : 105.78
75502 7/26/2022 007482 JOHNSON, GIDEON Ref000211020 UB Refund Cst #003667 200.00 Total : 200.00
75503 7/26/2022 007939 MAILES, MEUTRIL Ref000211019 UB Refund Cst #003098 91.67 Total : 91.67
75504 7/26/2022 007945 MARQUEZ, VANESSA Ref000211027 UB Refund Cst #024642 77.43 Total : 77.43
75505 7/26/2022 007946 MIRELES, LAUREN Ref000211028 UB Refund Cst #025262 54.23 Total : 54.23
75506 7/26/2022 007941 MOORE, SEAN Ref000211023 UB Refund Cst #022390 115.88 Total : 115.88
75507 7126/2022 007948 MORALES, ISIDRO Ref000211030 UB Refund Cst #025472 73.12 Total : 73.12
75508 7/26/2022 007950 PAGLINAWAN, YOLANDA Ref000211032 UB Refund Cst #025865 83.94 Total : 83.94
75509 7/26/2022 007938 PINO, GLORIA Ref000211018 UB Refund Cst #001179 325.89 Page:
vchlist Voucher List Page:
07/29/2022 11:10:33AM City of Blythe
Bank code : union
Voucher Date Vendor Involce PO# Description/Account Amount 75509 7/26/2022 007938 007938 PINO, GLORIA (Continued) Total : 325.89 75510 7/26/2022 007755 ROVE ENGINEERING, INC Ref000211033 UB Refund Cst #025870 575.00 Total: 575.00
75511 7/26/2022 007943 TONCHE, RAUL Ref000211025 UB Refund Cst #023653 2.37 Total : 2.37
75512 7/26/2022 007940 URIBE, EDUARDO Ref000211022 UB Refund Cst #021999 100.44 Total : 100.44
16 Vouchers for bank code: union Bank total: 2,042.50
16 Vouchers In this report Total vouchers: 2,042.50

CLAIMS VOUCHER APPROVAL

I HEREBY CERTIFY THAT THE UTILITY BILLING REFUND WARRANTS NUMBERED 75497-75512 IN THE AMOUNT OF $2,042.50 HAVE BEEN REVIEWED FOR PAYMENT BY THE DIRECTOR OF FINANCE. I FURTHER

CERTIFY THAT COUNCILMEMBERS OF THE CITY OF BLYTHE, CA
APPROVED SAID WARRANTS AT THE MEETING OF AUGUST 9, 2022. hist Aus

CHRISTA ELMS

DIRECTOR OF FINANCE
Page:
vchlist Voucher List Page:
07/29/2022 10:29:20AM City of Blythe
Bank code : union
Voucher Date Vendor Invoice PO # Description/Account Amount 75442 717/2022 003439 SHELL 82260047 016536 GASOLINE/PD 7/1-7/6/2022 257.27 Total: 257.27
75443 7/12/2022 004804 CITY OF BLYTHE JUNE 2022 AMOUNT BILLED TO CUSTOMERS 6/20 33,939.00 Total: 33,939.00
75444 7/22/2022 007689 CORDOVA, LUIS 072522 016559 TRAVEL - PER DIEM 35.00 Total : 35.00
75445 7/26/2022 000150 INLAND BUILDERS SUPPLY INC H38923 016511 PARTS/SUPPLIES R 12.98 H42136 016523 UNITED PARCEL CHARGES 23.99
H44378 016574 PARTS/SUPPLIES C 151.11
H47123 016577 PARTS/SUPPLIES 65.17
H47350 016603 PARTS/SUPPLIES 77.18
H48255 016607 PARTS/SUPPLIES 169.60
H48753 016613 PARTS/SUPPLIES 67.44
016613
H49061 016632 PARTS/SUPPLIES 17.39
H49078 016635 PARTS/SUPPLIES R 152.23
H50959 016524 PARTS/SUPPLIES 395.81
H51803 016646 PARTS/SUPPLIES R 43.45
T46541 016526 PARTS/SUPPLIES R 7.60
T46653 016524 PARTS/SUPPLIES R 741.32
T46812 [CREDIT RETURN) -201.60
T47769 016611 PARTS/SUPPLIES 41.10
T47925 016636 PARTS/SUPPLIES 19.56
T47972 016631 PARTS/SUPPLIES 32.15
Total: 1,816.48
75446 7/26/2022 003035 VERIZON WIRELESS 9911143506 016768 WIRELESS SERVICENATER METERS / 76.02 Total: 76.02
75447 7/26/2022 003035 VERIZON WIRELESS 9911143507 016767 WIRELESS SERVICE/PD 6/14-7/13/2022 162.32 Total: 162.32
75448 7/26/2022 003035 VERIZON WIRELESS 9911143505 016766 WIRELESS SERVICE 6/14-7/13/2022 711.88 Page:
vchlist Voucher List Page:
07/29/2022 10:29:20AM City of Blythe
Bank code : union
Voucher Date Vendor Invoice PO# Description/Account Amount 75448 7/26/2022 003035 003035 VERIZON WIRELESS (Continued) Total : 711.88 75449 7129/2022 005923 CALIFORNIA PUBLIC EMPLOYEES' 000016850924 UNFUNDED ACCRUED LIABILITY/PEPR 6,893.00 Total: 6,893.00
75450 7/29/2022 005923 CALIFORNIA PUBLIC EMPLOYEES' 000016850918 UNFUNDED ACCRUED LIABILITY/PEPR 12,352.00 Total: 12,352.00
75451 7/29/2022 005923 CALIFORNIA PUBLIC EMPLOYEES' 000016850911 UNFUNDED ACCRUED LIABILITYISAFE 792,855.00 Total : 792,855.00
75452 7/29/2022 005923 CALIFORNIA PUBLIC EMPLOYEES' 000016850904 UNFUNDED ACCRUED LIABILITY/MISC 1,045,828.00 Total: 1,045,828.00
75453 8/1/2022 005923 CALIFORNIA PUBLIC EMPLOYEES' 00016872049 HEALTH PREMIUMS - ELECTED 8/2022 2,598.66 Total : 2,598.66
75454 8/1/2022 005923 CALIFORNIA PUBLIC EMPLOYEES' 00016872046 HEALTH PREMIUMS - ACTIVE/RETIREC 93,663.56 Total : 93,663.56
75455 8/1/2022 006924 SUN LIFE FINANCIAL 923380-0002 PREMIUM/FEES 8/2022 6,244.15 Total: 6,244.15
75456 7/26/2022 002768 AIRWAVE BROADBAND WIRELESS 103699 016660 BUSINESS PHONE SERVICE/PW 7/1-81 86.60 104055 016660 BUSINESS PHONE SERVICE/PW 8/1-91 86.60
104225 016660 LATE FEE 5.00
Total: 178.20
75457 7/26/2022 006366 ALARM PROTECTION SERVICES 054989 016498 ALARM MONITORING SERVICES/PW 71 148.85 Total : 148.85
75458 7/26/2022 007560 AMAZON CAPITAL SERVICES, INC 16QVGGJLRLQJ 016633 PARTS/SUPPLIES 1,177.62 016633
17H63NTQ3MNW 016562 PARTS/SUPPLIES 184.03
19VN4Y4LPCY3 016514 PARTS/SUPPLIES 89.54
1KWXV1Y9HCLQ 016522 PARTS/SUPPLIES R 94.95
1KY96WHCF4YH 016638 PARTS/SUPPLIES 219.66
1VKCVSRV76JK 016514 PARTS/SUPPLIES 634.73
Page:
vchlist Voucher List Page:
07/29/2022 10:29:20AM City of Blythe
Bank code : union
Voucher Date Vendor Invoice PO* Description/Account Amount 75458 7/26/2022 007560 007560 AMAZON CAPITAL SERVICES, INC (Continued) Total : 2,400.53 75459 7/26/2022 002453 AMCS GROUP INC 116816 016284 FLEET MANAGEMENT SOFTWARE 7/29 763.20 Total: 763.20
75460 7/26/2022 007657 ASPEN TREE ENVIRONMENTAL ASR0715#1000 016605 INSPECTION/SAMPLING SERVICES 700.00 Total: 700.00
75461 7/26/2022 007074 AXON ENTERPRISE, INC INUS084345 016532 TASER CARTRIDGES 2,532.41 Total: 2,532.41
75462 7/26/2022 000016 BABCOCK LABORATORIES, INC CG20036-0040 016743 TESTING SERVICES 47.25 CG20039-0040 016743 TESTING SERVICES 63.00
CG20041-0040 016743 TESTING SERVICES 29.98
CG20043-0040 016743 TESTING SERVICES 176.53
CG20287-0040 016743 TESTING SERVICES 59.96
CG20418-0040 016743 TESTING SERVICES 65.15
CG20629-0040 016743 TESTING SERVICES 78.75
CG20630-0040 016743 TESTING SERVICES 47.25
CG21104-0040 016743 TESTING SERVICES 47.25
CG21105-0040 016743 TESTING SERVICES 587.19
CG21106-0040 016743 TESTING SERVICES 319.24
CG21107-0040 016743 TESTING SERVICES 107.10
CG21481-0040 016743 TESTING SERVICES 47.25
CG21489-0040 016743 TESTING SERVICES 225.61
Total : 1,901.51
75463 7/26/2022 007828 BECK OIL, INC 55391CL 016744 DIESEL FUEL 3,203.36 Total: 3,203.36
75464 7126/2022 000026 BLYTHE CHAMBER OF COMMERCE 0001 016745 TOURISM PROJECT 30,000.00 Total: 30,000.00
75465 7/26/2022 004498 BOUND TREE MEDICAL, LLC 84592575 016560 SUPPLIES 138.22 Total : 138.22
75466 7/26/2022 000048 BURTRONICS BUSINESS SYSTEMS AR93752 016499 CONTRACT #CN10665-01 7/6-8/5/2022 48.83 Page:
vchlist Voucher List Page:
07/29/2022 10:29:20AM City of Blythe
Bank code : union
Voucher Date Vendor Invoice PO# Description/Account Amount 75466 7/26/2022 000048 000048 BURTRONICS BUSINESS SYSTEMS (Continued) Total: 48.83 75467 7/26/2022 000719 CA POLICE CHIEFS ASSOCIATION 23498 016564 REGISTRATION - G DALE 4/4/2023 175.00 23499 016563 REGISTRATION - G DALE 3/12-3/16/202: 825.00 23502 016565 REGISTRATION - K WALNOHA 4/17-4/15 475.00
Total: 1,475.00
75468 7/26/2022 005923 CALIFORNIA PUBLIC EMPLOYEES' 000016850904 UNFUNDED ACCRUED LIABILITY MISC 447,172.00 000016850911 UNFUNDED ACCRUED LIABILITY/SAFE 194,145.00 Total : 641,317.00
75469 7126/2022 003841 CIVIC PLUS 228918 016746 WEBSITE HOSTING & SUPPORT 2,151.34 230732 016517 ADMINISTRATIVE SUPPORT FEE 6/1/22 350.00
Total: 2,501.34
75470 7/26/2022 001901 COACHELLA VALLEY ASSOCATION CV23007-22 016747 FY2022/23 DUES ASSESSMENT 9,677.00 Total : 9,677.00
75471 7126/2022 000646 COUNTY OF RIVERSIDE INO449979 016579 ACCOUNT #AR0023918 FACILITY #FAO( 933.00 INO450000 016579 ACCOUNT #AR0024182 FACILITY #FAD 618.00 INO450001 016579 ACCOUNT #AR0024183 FACILITY #FAO( 1,725.00 Total: 3,276.00
75472 7/26/2022 003481 COUNTY OF RIVERSIDE AC0000001903 016748 LAFCO FY2023 FEES 2,042.31 Total : 2,042.31
75473 7/26/2022 005603 CR&R INCORPORATED 000124479 016749 DISPOSAL SERVICES/CC 7/1-7/31/2022 270.71 Total: 270.71
75474 7/26/2022 000037 CULLIGAN SOFT WATER SERVICE 0641837 016750 WATER SERVICE/BFD 7/16-8/12/2022 68.75 0641839 016661 WATER SERVICEMWTP 7/16-8/12/2022 90.50
Total: 159,25
75475 7/26/2022 000084 D & L AUTO PARTS INC 8681-192863 016637 PARTS/SUPPLIES C 33.08 8681-192929 016510 PARTS/SUPPLIES 22.38
8681-193126 016624 PARTS/SUPPLIES 13.03
8681-193145 016625 PARTS/SUPPLIES 121.93
8681-193165 016630 PARTS/SUPPLIES 18.26
Page:
vchlist Voucher List Page:
07/29/2022 10:29:20AM City of Blythe
Bank code : union
Voucher Date Vendor Involce PO# Description/Account Amount 75475 7/26/2022 000084 000084 D & L AUTO PARTS INC (Continued) Total : 208.68 75476 7/26/2022 005996 DE LAGE LANDEN PUBLIC FINANCE 76850667 016751 CONTRACT 25340910 7/15-8/14/2022 257.59 Total : 257.59
75477 7/26/2022 004666 DOOR DEPOT 6641 016706 REPAIR/MAINTENANCE SERVICES 1,225.00 Total : 1,225.00
75478 7/26/2022 002791 FISHER WIRELESS SERVICES INC 233866 016752 PARTS/SUPPLIES 428.05 Total : 428.05
75479 7/26/2022 005213 FRONTIER 7609223545 016757 COMMUNICATIONS/ALARM SYSTEM 71 110.93 7609229375 016758 COMMUNICATIONS/LIFT STATIONS 7/1: 111.13 9091590013 016756 COMMUNICATION/CITY FACILITIES 77- 6,912.00 9091590039 016754 COMMUNICATION/FIRE 7/7-8/6/2022 384.31 9091590042 016753 CENTRANET ACCESS-SLWELLS 7/1-71 2,260.34 Total: 9,778.71
75480 7/26/2022 000644 GOSERCO, INC 11702 016567 EXTENDED WARRANTY 7/1/2022-12/31, 1,794.34 Total : 1,794.34
75481 7/26/2022 007381 GREEN, MICHAEL 070322 016609 REIMBURSEMENT - WORK BOOTS 59.10 Total : 59.10
75482 7/26/2022 007933 HARRIS, CLAUDIA 071122 COMMUNITY CENTER DEPOSIT REFUN 150.00 Total : 150.00
75483 7/26/2022 007601 HDL COREN & CONE SIN019863 016759 CONTRACT SERVICES PROPERTY TAX 3,150.00 Total : 3,150.00
75484 7/26/2022 007538 JWC ENVIRONMENTAL CANADA ULC CA03318 016347 PARTS/SUPPLIES 141.80 Total : 141.80
75485 7/26/2022 003150 PINEY BOWES 3105584748 016760 TERM RENTAL 5/2-8/1/2022 1,531.00 Total : 1,531.00
75486 7/26/2022 003498 PORTER LEE CORPORATION 26992 016568 ANNUAL SOFTWARE SUPPORT 7/2022- 1,034.00 Page:
vchlist Voucher List Page:
07/29/2022 10:29:20AM City of Blythe
Bank code : union
Voucher Date Vendor Invoice PO# Description/Account Amount 75486 7/26/2022 003498 003498 PORTER LEE CORPORATION (Continued) Total : 1,034.00 75487 7/26/2022 000073 PUBLIC ENTITY RISK MGMNT AUTHO 2022/2023 016620 AUTO PHYSICAL DAMAGE PROGRAM I 12,613.00 2022/2023 016620 CRIME COVERAGE PROGRAM INSURA 1,421.00 016620
2022/2023 016620 CYBER LIABILITY COVERAGE PROGRA 18,184.00 016620
2022/2023 016620 DEADLY WEAPONS PROGRAM INSURA 529.00
016620
2022/2023 016620 GENERAL LIABILITY PROGRAM PREMI 309,366.00 016620
2022/2023 016620 PROPERTY PROGRAM INSURANCE PF 191,340.00 016620
2023/1ST QTR 016621 WORKERS' COMP DEPOSIT PROGRAN 85,415.75 Total : 618,868.75
75488 7/26/2022 000213 QUILL CORPORATION 26189108 016525 SUPPLIES 27.17 26250647 016561 SUPPLIES 72.26
26280444 016561 SUPPLIES 239.67
26310666 016602 SUPPLIES 430.63
26311664 016604 SUPPLIES 459.03
26374600 016612 SUPPLIES 430.63
Total: 1,659.39
75489 7126/2022 000241 SMART & FINAL IRIS CORP 619044 016622 SUPPLIES - SNACK SHACK 193.45 914955 016521 SUPPLIES - SNACK SHACK 448.08
959088 016539 SUPPLIES - SNACK SHACK 131.80
Total: 773.33
75490 7/26/2022 004289 SOUTHERN CALIFORNIA SCAGFY230036 016761 DUES ASSESSMENT - FY 2022/2023 2,254.00 Total: 2,254.00
75491 7/26/2022 006110 SOUTHWEST NETWORKS, INC 22-6007 016762 GUARDIANIT PREMIUM SERVICE CON 61,656.00 22-6008 016762 GUARDIANIT PREMIUM SERVICE CON 4,680.00
22-6009 016762 GUARDIANIT PREMIUM SERVICE CON 3,960.00
Total: 70,296.00
75492 7/26/2022 005176 SPARKLETTS 15381711 016600 BULK DRINKING WATERMWTP 67.50 Page:
vchlist Voucher List Page:
07/29/2022 10:29:20AM City of Blythe
Bank code: union
Voucher Date Vendor Involce PO# Description/Account Amount 75492 7/26/2022 005176 005176 SPARKLETTS (Continued) Total: 67.50 75493 7/26/2022 004721 TEAMTALK NETWORK 077155 016763 RADIO COMMUNICATIONS/PD 7/2022 1,741.64 077521 016763 RADIO COMMUNICATIONS/PD 8/2022 1,741.64
077847 016763 RADIO COMMUNICATIONS/PD 9/2022 1,741.64
077851 016764 RADIO COMMUNICATIONS/BFD 9/2022 697.68
Total : 5,922.60
75494 7/26/2022 002783 THATCHER COMPANY 2022400106040 016626 CHEMICALS 9,475.92 Total: 9,475.92
75495 7/26/2022 001302 TRANSWORLD SYSTEMS INC A18M93 016765 RENEWAL - COLLECTION SERVICES 1,350.00 Total: 1,350.00
75496 7/26/2022 000278 WEEKS PRINTING 29430 016350 PRINTING/CUSTOM SERVICES 221.85 29431 016513 PRINTING/CUSTOM SERVICES 503.51
Total : 725.36
55 Vouchers for bank code: union Bank total : 3,431,317.18 55 Vouchers in this report Total vouchers : 3,431,317.18

CLAIMS VOUCHER APPROVAL
I HEREBY CERTIFY THAT WARRANTS NUMBERED 75442-75496
IN THE AMOUNT OF $3,431,317.18 HAVE BEEN REVIEWED FOR
PAYMENT BY THE DIRECTOR OF FINANCE. I FURTHER CERTIFY THAT

COUNCILMEMBERS OF THE CITY OF BLYTHE, CA APPROVED SAID
WARRANTS AT THE MEETING OF AUGUST 9, 2022.

Chizz Elas

CHRISTA ELMS

DIRECTOR OF FINANCE
Page:
vchlist Voucher List Page:
07/22/2022 3:33:26PM City of Blythe
Bank code: union
Voucher Date Vendor Invoice PO # Description/Account Amount 75391 7/13/2022 000283 SOUTHERN CALIFORNIA EDISON CO 700240317342 016683 ELECTRICITY/STREET LIGHTING 6/1-6/ 49.83 Total: 49.83
75392 7/13/2022 000283 SOUTHERN CALIFORNIA EDISON CO 700475898313 016686 ELECTRICITY/HIDDEN BEACHES 5/24-f 115.26 Total : 115.26
75393 7/13/2022 000283 SOUTHERN CALIFORNIA EDISON CO 700501126797 016684 ELECTRICITY/EV CHARGE STATION 5/- 287.64 Total : 287.64
75394 7/13/2022 000283 SOUTHERN CALIFORNIA EDISON CO 700350079007 016685 ELECTRICITY/WTP 5/27-6/27/2022 4,133.08 Total : 4,133.08
75395 7/13/2022 000283 SOUTHERN CALIFORNIA EDISON CO 700350166610 016681 ELECTRICITY/PTF 5/27-6/27/2022 7,029.11 Total : 7,029.11
75396 7/13/2022 000283 SOUTHERN CALIFORNIA EDISON CO 600001510681 016682 ELECTRICITY/CITY FACILITIES 36,236.60 Total: 36,236.60
75397 7/13/2022 000247 THE GAS COMPANY 06622932165 016688 NATURAL/CITY FACILITIES 5/25-6/24/20 72.09 Total : 72.09
75398 7/13/2022 000247 THE GAS COMPANY 111857321804 016690 NATURAL GAS/PD 6/8-7/8/2022 89.70 Total: 89.70
75399 7/13/2022 000247 THE GAS COMPANY 0763268008 016689 NATURAL GAS/COMMUNITY CENTER 6 132.52 Total : 132.52
75400 7/15/2022 004501 US BANK CORP 044555649478 016693 CREDIT CARD CHARGES 5/2022 3,864.22 044555649478 016693 CREDIT CARD CHARGES 6/2022 3,376.14 016693
Total : 7,240.36
75401 7/22/2022 006873 ARAMARK 588000171 016667 BILLING ADJUSTMENT [CREDIT MEMO -283.50 5880025731 016667 UNIFORM SERVICE/MATS & TOWELS 311.59
5880031411 016667 UNIFORM SERVICE/MATS & TOWELS 616.94
5880036986 016667 UNIFORM SERVICE/MATS & TOWELS 298.23
5880042253 016667 UNIFORM SERVICE/MATS & TOWELS 298.68
Page:
vchlist Voucher List Page:
07/22/2022 3:33:26PM City of Blythe
Bank code: union
Voucher Date Vendor Invoice PO# Description/Account Amount 75401 7/22/2022 006873 006873 ARAMARK (Continued) Total : 1,241.94 75402 7/26/2022 000323 STATE BOARD OF EQUALIZATION 23300030 016687 USE TAX 6/2022 722.00 016537
016687
Total : 722.00
75403 7/26/2022 007560 AMAZON CAPITAL SERVICES, INC 1HJDCTFWJMCL 016421 PARTS/SUPPLIES 516.78 1MCX4YNKLCQC 016698 PARTS/SUPPLIES 213.94
Total : 730.72
75404 7126/2022 002458 AQUA-METRIC SALES, CO INV0089126 016368 PARTS/SUPPLIES 2,891.37 Total: 2,891.37
75405 7/26/2022 007828 BECK OIL, INC 55066CL 016668 DIESEL FUEL 1,226.33 Total: 1,226.33
75406 7126/2022 007804 BORDIN SEMMER LP BT2106 016614 LEGAL SERVICES 856.78 Total: 856.78
75407 7/26/2022 004862 CHARLES P CROWLEY CO 29775 015928 PARTS/SUPPLIES 3,885.43 Total: 3,885.43
75408 7/26/2022 007935 CLINICAS DE SALUD DEL PUEBLO EM000545 016545 PROFESSIONAL SERVICES 17.00 EM000597 016669 PROFESSIONAL SERVICES 85.00
Total : 102.00
75409 7/26/2022 000437 CO OF RIV AUDITOR-CONTROLLER JUNE 2022 016670 PARKING CITATIONS 6/2022 205.50 Total: 205.50
75410 7/26/2022 007028 CORE & MAIN LP Q985620 015602 PARTS/SUPPLIES 1,814.00 Total: 1,814.00
75411 7/26/2022 005421 COUNTY OF RIVERSIDE PU0000005471 016671 FUEL - FLEET VEHICLES 6/2022 14,098.23 Total : 14,098.23
75412 7/26/2022 000084 D & LAUTO PARTS INC 8681-192763 016534 PARTS/SUPPLIES 126.02 8681-192803 016578 PARTS/SUPPLIES 184.84
Page:
vchlist Voucher List Page:
07/22/2022 3:33:26PM City of Blythe
Bank code : union
Voucher Date Vendor Invoice PO# Description/Account Amount 75412 7/26/2022 000084 000084 D & LAUTO PARTS INC (Continued) Total : 310.86 7/26/2022 001757 DATA TICKET INC 139707 016672 CITATION PROCESSING 6/2022 1,807.05 75413 140336 016672
PARKING CITATION PROCESSING 6/20: 165.83
Total : 1,972.88
75414 7/26/2022 003556 DAVID TAUSSIG & ASSOC., INC. 2206075 016708 PROFESSIONAL SERVICES THROUGH 2,764.93 Total : 2,764.93
75415 7126/2022 002173 DEPARTMENT OF JUSTICE 588920 016697 BLOOD ALCOHOL ANALYSIS 6/2022 140.00 590749 016673 LIVE SCAN SERVICES 6/2022 2,244.00
590961 016673 LIVE SCAN SERVICES 6/2022 66.00
Total: 2,450.00
75416 7/26/2022 003696 EISENHOWER MEDICAL CENTER 1007363552 016701 ACCT #700000050 - FORENSIC EVIDEN 1,200.00 1007363552 016701 ACCT #700000050 - FORENSIC EVIDEN 1,200.00 016701
Total: 2,400.00
75417 7/26/2022 002750 FERGUSON, PRAET & SHERMAN 25484 016615 LEGAL SERVICES 1,980.00 Total: 1,980.00
75418 7126/2022 000318 GLENN JOHNSON COOLING/HEATING 034650 016533 REPAIR/MAINTENANCE SERVICES 807.99 035113 016399 PARTS/SERVICE 478.86
Total : 1,286.85
75419 7/26/2022 007381 GREEN, MICHAEL 050722 016610 REIMBURSEMENT - WORK BOOTS 140.90 Total : 140.90
75420 7/26/2022 000132 HACH COMPANY 13105874 016278 PARTS/SUPPLIES 400.52 Total : 400.52
75421 7/26/2022 007601 HDL COREN & CONE SINO16350 016456 CONTRACT SERVICES PROPERTY TAX 3,150.00 Total : 3,150.00
75422 7/26/2022 000135 HELENA AGRI-ENTERPRISES LLC 32146575 016571 CHEMICALS/SUPPLIES 3,610.50 Total: 3,610.50
Page:
vchlist Voucher List Page:
07/22/2022 3:33:26PM City of Blythe
Bank code: union
Voucher Date Vendor Invoice PO# Description/Account Amount 75423 7/26/2022 004307 HOOVER, RICHARD 3174 016531 REPAIR/MAINTENANCE SERVICES 6,650.00 Total : 6,650.00
75424 7/26/2022 005295 KONICA MINOLTA 9008699518 016674 ACCT 1165535 6/1-6/30/2022 259.30 Total: 259.30
75425 7/26/2022 002150 LAW OFFICES OF JONES & MAYER 110726 016675 LEGAL SERVICES 6/2022 8,029.39 Total: 8,029.39
75426 7/26/2022 002871 NELSON, JON KEVIN JUNE 2022 016676 CONTRACT INSPECTION SERVICES 6/: 13,897.50 Total: 13,897.50
75427 7/26/2022 000201 PALO VERDE VALLEY TIMES INC 032238816 016677 PUBLICATIONS 3/1-3/31/2022 153.75 042238816 016677 PUBLICATIONS 4/1-4/30/2022 25.00
052238816 016677 PUBLICATIONS 5/1-5/31/2022 667.50
062238816 016677 PUBLICATIONS 6/1-6/30/2022 916.25
Total : 1,762.50
75428 7/26/2022 000039 PETTY CASH 063022 016678 PETTY CASH 210.64 Total: 210.64
75429 7/26/2022 004525 PRECISION ELECTRIC CO INC 0100970-IN 016407 PARTS/SUPPLIES 2,797.92 Total: 2,797.92
75430 7/26/2022 007830 PROFORCE LAW ENFORCEMENT 489003 016180 BODY ARMOR 1,405.05 Total: 1,405.05
75431 7126/2022 000213 QUILL CORPORATION 26056166 016480 SUPPLIES 77.47 26080878 016480 SUPPLIES 951.60
26082574 016480 SUPPLIES 239.67
Total: 1,268.74
75432 7126/2022 007884 RADCO, INC C/O 10 016644 HOBSONWAY SEWER EMERGENCY RE 89,091.00 C/O 11 016644 HOBSONWAY SEWER EMERGENCY RE 71,108.82
C/O 7 016618 HOBSONWAY SEWER EMERGENCY RE 17,128.50
C/O B 016644 HOBSONWAY SEWER EMERGENCY RE 5,510.00
C/O 9 016619 HOBSONWAY SEWER EMERGENCY RE 14,060.00
Page:
vchlist Voucher List Page:
07/22/2022 3:33:26PM City of Blythe
Bank code : union
Voucher Date Vendor Invoice PO# Description/Account Amount 75432 7/26/2022 007884 007884 RADCO, INC (Continued) Total : 196,898.32 75433 7/26/2022 007755 ROVE ENGINEERING, INC 5792R 016710 RETENTION 17,195.38 Total : 17,195.38
75434 7/26/2022 004747 SMITH FENCE 1778 016679 FENCE INSTALL/RENTAL 680.00 Total: 680.00
75435 7/26/2022 000283 SOUTHERN CALIFORNIA EDISON CO 600001510681 016680 ELECTRICITY/CITY FACILITIES 48,119.27 700269539301 016257 ELECTRICITY/TAP DEVICE 1/2/2021-5/3 -3,650.57 700466637136 016257 ELECTRICITY/STREET LIGHTING 6/1-6/ 13,449.91 700501126797 016680 ELECTRICITY/EV CHARGE STATION 61' 250.95 Total: 58,169.56
75436 7/26/2022 002455 THE COUNSELING TEAM INTERNATIO 82759 016702 PSYCHOLOGICAL ASSESSMENTS 275.00 Total : 275.00
75437 7/26/2022 001302 TRANSWORLD SYSTEMS INC 2628445 016691 COLLECTION SERVICES 6/1-6/30/2022 11.51 Total : 11.51
75438 7/26/2022 007841 TRIPLE H PARTS SUPPLY, INC 497989 016424 PARTS/SUPPLIES 228.36 Total: 228.36
75439 7/26/2022 001487 UNITED STATES POSTAL SERVICE 18696948 016692 POSTAGE 6/9-6/30/2022 2,896.86 Total: 2,896.86
75440 7/26/2022 000991 USA BLUEBOOK 002351 016634 PARTS/SUPPLIES 420.59 003028 016634 PARTS/SUPPLIES C 308.63
020592 016412 PARTS/SUPPLIES 170.62
022961 015995 PARTS/SUPPLIES 378.23
026632 016634 PARTS/SUPPLIES C 308.63
030498 016485 PARTS/SUPPLIES 1,141.91
030499 016485 PARTS/SUPPLIES 38.93
963192 016057 EQUIPMENT 8,718.41
971006 016057 EQUIPMENT 11,507.98
993391 016634 PARTS/SUPPLIES R 953.78
997822 016634 PARTS/SUPPLIES 86.68
Page:
vchlist Voucher List Page:
07/22/2022 3:33:26PM City of Blythe
Bank code: union
Voucher Date Vendor Invoice PO # Description/Account Amount 75440 7/26/2022 000991 000991 USA BLUEBOOK (Continued) Total: 24,034.39 75441 7/26/2022 001258 WPCI - WESTERN PATHOLOGY INC S152359 016694 DOT DRUG SCREENING 39.00 Total: 39.00
51 Vouchers for bank code : union Bank total : 440,337.35 51 Vouchers in this report Total vouchers : 440,337.35

CLAIMS VOUCHER APPROVAL
| HEREBY CERTIFY THAT WARRANTS NUMBERED 75391-75441
IN THE AMOUNT OF $440,337.35 HAVE BEEN REVIEWED FOR
PAYMENT BY THE DIRECTOR OF FINANCE. I FURTHER CERTIFY THAT WARANG AT HE NETIC OF ANGUST 0A PROVED SAND
WARRANTS AT THE MEETING OF AUGUST 9, 2022.

Chist - Elus

CHRISTA ELMS

DIRECTOR OF FINANCE
Page:

CITY OF BLYTHE

PAYROLL LISTING
Pay period 06/24/2022 to 07/08/2022
Payday 07/11/2022
I hereby certify that payroll warrants numbered 53082 to 53083 in the amount of $629.76 have been reviewed for payment by the Director of Finance. I further certify that Councilmembers of the City of Blythe, CA approved said warrants at the meeting of August 9th, 2022.

Christ Clus
Director of Finance
-25-

CITY OF BLYTHE

PAYROLL LISTING
Pay period 06/24/2022 to 07/08/2022
Payday 07/15/2022
I hereby certify that payroll warrants numbered 53084 to 53102, and direct deposits warrants numbered 53590 to 53648 in the amount of $254,347.31 have been reviewed for payment by the Director of Finance. I further certify that Councilmembers of the City of Blythe, CA approved said warrants at the meeting of August 9th, 2022.

Chuist Eles
Director of Finance
-26-

CITY OF BLYTHE

PAYROLL LISTING
Pay period 07/08/2022 to 07/15/2022
Payday 07/20/2022
I hereby certify that payroll warrants numbered 53103, and direct deposits warrants numbered 53649 in the amount of $1,557.86 have been reviewed for payment by the Director of Finance. I further certify that Councilmembers of the City of Blythe, CA approved said warrants at the meeting of August 9th, 2022.

Christ Clus
Director of Finance
-27-

CITY OF BLYTHE

PAYROLL LISTING
Pay period 07/09/2022 to 07/22/2022
Payday 07/29/2022
I hereby certify that payroll warrants numbered 53104 to 53119, and direct deposits warrants numbered 53650 to 53706 in the amount of $228,500.79 have been reviewed for payment by the Director of Finance. I further certify that Councilmembers of the City of Blythe, CA approved said warrants at the meeting of August 9th, 2022.

Chiest Els
Director of Finance
-28-

CITY OF BLYTHE

PAYROLL LISTING
Pay period 07/01/2022 to 07/31/2022
Payday 08/05/2022
I hereby certify that payroll warrants numbered 53120 to 53125, and direct deposits warrants numbered 53707 to 53810 in the amount of $85,017.87 have been reviewed for payment by the Director of Finance. I further certify that Councilmembers of the City of Blythe, CA approved said warrants at the meeting of August 9th, 2022.

Chest • Elus
Director of Finance
-29-
Minutes of the Blythe City Council Meeting
July 12, 2022
The July 12, 2022 meeting of the Blythe City Council was called to order at 6:00pm in the Council Chambers by Mayor Reynolds. Also in attendance were Vice Mayor DeConinck and Council Members Rodriguez, Halby and Burton. Staff in attendance included: Interim City Manager and City Clerk Crecelius, Finance Director and City Treasurer Elms, City Attorney Roberto, Chief Building Official Brown, Fire Chief Hasler and Police Chief Dale.

The Pledge of Allegiance was led by Mayor Reynolds.

The Invocation was offered by Councilman Burton.

CONSENT CALENDAR: Items on the Consent Calendar are considered routine and will be enacted with one motion of the Council. If any item requires individual consideration, it will be removed from the consent calendar and acted upon separately.

Councilman Halby moved approval of the Consent Calendar. The motion was seconded by Councilman Burton with a unanimous aye vote.

Posting of the Agenda.

The summary of agenda items were posted on the bulletin boards on the outside of the public entrance to the Council Chamber and near the inside entrance of the Council Chamber on Friday, July 8, 2022.

Approval of the Warrant Register.

Recommendation: Approve 7/12/2022, Utility Billing Refund warrants numbered 75241 through 75246 in the amount of $281.18; 7/12/2022, warrants numbered 75247 through 75331 in the amount of $1,109638.29; 7/12/2022, warrants numbered 75332 through 75342 in the amount of $105,545.60 and 7/12/2022, warrants numbered 75343 through 75387 in the amount of $147,431.80.

3. Approval of the Payroll Register.

Recommendation: Approve 7/12/2022, warrants numbered 52952 through 52971 and Direct Deposit warrants numbered 53366 through 53424 in the amount of $251,869.33; 7/12/2022, warrants numbered 52972 through 53013 in the amount of $136,255.78; 7/12/2022, warrants numbered 53425 through 53484 in the amount of $254,167.31; 7/12/2022, warrants numbered 53034 through 53075 in the amount of $34,689.30 and 7/12/2022, warrants numbered 53076 through 53081 and Direct Deposit warrants numbered 53458 through 53589 in the amount of $74,621.35.

4. Minutes of the June 14. 2022 City Council Meeting.

Recommendation: Approve the Minutes of the June 14, 2022 Meeting.

5. City of Blythe Permits issued for the Month of June 2022.

Recommendation: Receive and file this monthly report.

6. City of Blythe Fire Department Monthly Activity Report for June 2022.

Recommendation: Receive and file the monthly report.

7. City of Blythe Police Department Monthly Activity Report for June 2022.

Recommendation: Receive and file the monthly report.

8. Acceptance of Donation- Ironwood State Prison.

Recommendation: Accept a donation from Ironwood State Prison in the amount of $2,584.93 for the Joe Wine Blythe Recreation Center.

9. Notice of Completion- San Luis Way Street Rehabilitation Project.

Recommendation: Accept the work performed by Rove Engineering, Inc. for the San Luis Way -30-
project, authorize the Mayor and City Clerk to execute and file the Notice of Completion and authorize the City Manager to release retention payments once the Notice of Completion is recorded and release project bonds once appropriate.

10. Investment Report for 4' Quarter FY 2021/22.

Recommendation: Accept and file the quarterly report.

11. Amendment No. 4 to the MOU between City and RCTC..

Recommendation: Authorize the City Manager to execute Amendment No. 4 to the Memorandum of Understanding between Riverside County Transportation Commission and the City for the trade of STIP funding for Measure A funds.

12. Clean California Local Grant Program Award.

Recommendation: Adopt Resolution No. 2022-021:

RESOLUTION NO. 2022-021. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE BEAUTIFY BLYTHE PROJECT.

13. Levy of Special Taxes within Community Facilities District No. 2004-1.

Recommendation: Adopt Resolution No. 2022-022:

RESOLUTION NO. 2022-022. A RESOLUTION OF THE CITY COUNCIL ACTING AS THE LEGISLATIVE BODY OF THE COMMUNITY FACILITIES DISTRICT NO. 2004-1 (HIDDEN BEACHES) OF THE CITY OF BLYTHE AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN COMMUNITY FACILITIES DISTRICT NO. 2004-1 (HIDDEN BEACHES) FOR FISCAL YEAR 2022-2023.

14. Special Assessment for Prior Year Delinquent Utility Charges.

Recommendation: Adopt Resolution No. 2022-023:

RESOLUTION NO. 2022-023. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE ADOPTING THE

REPORT OF THE DELINQUENT UTILITY ACCOUNTS AND DIRECTING THE CITY MANAGER TO FILE SAID

REPORT WITH THE COUNTY OF RIVERSIDE AUDITOR AND REQUEST THE AUDITOR PLACE THE DELINQUENT ACCOUNTS ON THE TAX ROLL.

15. Consideration of a Resolution Determining the need to continue the Local Emergency due to the May 23, 2022 Fire on Spring Street.

Recommendation: Adopt Resolution No. 2022-024:

RESOLUTION NO. 2022-024. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, DETERMINING THE NEED TO CONTINUE THE LOCAL EMERGENCY PROCLAIMED ON MAY 24, 2022 DUE TO THE FIRE THAT STARTED ON MAY 23, 2022.

16. Pay Rates for Paid On-call Fire Fighters.

Recommendation: Adopt Resolution No. 2022-025:

RESOLUTION NO. 2022-025. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, SETTING PAY RATES FOR PAID ON-CALL FIREFIGHTERS.

No public comment. Councilman Rodriguez moved approval of the Consent Calendar. The motion was seconded by Councilman Burton with a unanimous aye vote.

PUBLIC HEARING:

Draft Housing Element. Interim City Manager Crecelius stated The Holt Group prepared and will present the Draft Housing Element for the 2021-2029 planning cycle.

Subsequent to the Holt Group's presentation and the Public Hearing, it is recommended Council adopt the Draft Housing Element inclusive of review and comments submitted during tonight's public comment period.

Cynthia Mancha of The Holt Group presented the Draft Housing Element, which is State mandated. It's intended to project the housing needs and programs that can help provide the housing needs of all segments of the community. We engaged the public by visiting the food pantry, the PV College Job Fair, posted a questionnaire on the City's website and provided updates at Council meetings. We are in the public noticing period and will incorporate any -31-
comments received into the document. Blythe was assigned 494 units divided between very low, low, moderate, and above moderate-income households. The true civilian population for Blythe, factoring out the quartered population is 13,723. There has been a 1% population growth of the civilian population between 2016 and 2021. The median income is $45,563 which is 55% lower than the state's median income. The housing vacancy rate is 6.8%. The State identifies 5% or less as healthy and anything above 5% as an oversupply. In Blythe there is more to the story, there may be an adequate number of rentals, but the supply does not align with what residents are looking for. The stock is either outdated or the price point doesn't match. A majority of the households are comprised of 1-2 persons which lends us to consider policies and programs that support 1-2 bedroom units. 54% of the households meets low-income criteria. In our outreach we did hear there is a need for low-income units, but there is also a demand for market rate apartments for workers during the work week. We have a small elderly population, but due to the stock of available units we do need to adopt polices and programs that make available units for the elderly. There are 365 agricultural employees. They are being served by the low-income housing available. We have 79 unsheltered persons based on the Point in Time Count. In the Housing Element we identified programs that support the Homeless Outreach Team. We found that large households are more likely to be renter occupied than owner occupied. This lends for the opportunity to create programs to support development of larger apartments or houses with more than 4-5 rooms. We have a significant number of single female head of households and persons with disabilities. We have identified 211.64 acres available for residential housing development. With the total capacity of 1,373 units that could be developed in the vacant sites.

This more than satisfies the city's allocation. Due to this, we do not need to re-zone any land to meet our assigned allocation. We identified forty-three sites that need rehab or abatement.

Twelve of the sites are livable with the balance of the sites unlivable. The most critical piece in the Element is the furthering of fair housing, AB 686. This makes it a priority of cities to identify areas of segregation and high and low resource areas. The area south of the freeway was identified as an area of high segregation and low resource. As we go North of Hobsonway there is a high resource area based on health metrics and poverty points. The goal of this analysis is to create programs to facilitate mobility for residents from low to high resource areas. There are a few areas we could create a specific plan to create a mixed income development to allow all segments of the community to have access to a high resource area. The community has identified that we need more resources for the homeless, down payment assistance, more housing of all types and the need for resources to report discrimination. We included a program in the Element for reporting to make it more readily accessible on where and how to report discrimination.

Other comments received were related to the need for more youth programs and pedestrian and bike pathways. They are not directly related to housing but do impact quality of life.

Councilman Halby stated there are tons of down payment assistance programs. The problem I find is that our realtors aren't familiar with any of them. They need to educate themselves so they can help their clients get into these homes. There is USDA, FHA, Opportunity Zones, there are so many programs out there.

Cynthia Mancha stated one of the programs we included in the Element is linking resources on the City's website.
- 32-
Interim City Manager Crecelius stated there is a County program we just learned about which is up to $75,000 in down payment assistance. It's a silent second, so it makes the down payment and reduces your cost. We held a Town Hall meeting on this about a month ago and there were several real estate agents in attendance. It was a Chamber Town Hall, and the slides are probably on their website, and we will also display them on the City's website. We are working now on a USDA program. We need someone to package the loans and there isn't anyone in our area, however we may have a resource in Imperial Valley we are exploring.

Councilman Halby stated the rental market here is high. Those renting can afford to own a house for the rents they are paying. They just need help getting in. They need credit repair and down payment assistance.

Mayor Reynolds stated for twenty-one years I have been saying how much we need senior housing. Developers don't want to do anything unless they have some type of assistance. We need developers to come in and build conventional housing. Its disturbing that the only way they want to contribute to the community is if they get credits. It disturbs me they think Blythe is nothing but a low-income community. Yes, we do have areas, but classifying the whole city as low income is not favorable to us. Blythe is not a shabby town. It has potential. Bear with us, assist and take a chance on Blythe.

Councilman Burton asked if the Element had programs to educate the public as Councilman Halby indicated about the down payment assistance. Its important to get the information out.

Cynthia Mancha stated we will provide the resources on the City's website. We can direct them to the appropriate agency.

Vice Mayor DeConinck stated there are a lot of programs out there, but the average person does not know how to go about it. The rules have changed so much, and it takes time.

Councilman Halby said with a USDA loan you can get into the house with 2.5% down. For a $200,000 home, that's $5,000. Most people get that in their tax return. Use your tax return to make your down payment. It's not that hard, but when you've never done it, its mind boggling. If the agents were actively working these programs, it would be easier.

No public comment. Vice Mayor DeConinck moved approval of staff's recommendation. The motion was seconded by Councilman Burton with a unanimous aye vote.

Vice Mayor DeConinck stated a lot of time and work went into this. People don't realize how much time is put in to get this package together and to address some of the issues. Thank you.

Interim City Manager Crecelius stated Item No. 24, Ordinance 916-22 adding Chapter 15.64 to Title 15 of the BMC was noticed as a Public Hearing, but mistakenly included in the Agenda as a New Business item. It was requested Council move the item to Public Hearing.

Ordinance Adding Chapter 15.64 to Title 15 of the Blythe Municipal Code relating to EV Charging Station Permits. Interim City Manager Crecelius stated an electric vehicle -33-
charging station is any level of electric vehicle supply equipment station which delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. In 2015, the State of California adopted Assembly Bill 1236 which amended Government Code Section 65850.7 to require local jurisdictions to establish procedures for expedited, streamlined processes for permitting of electric vehicle charging stations. The Section also provides that it is the policy of the State to promote and encourage the use of electric vehicle charging stations and to limit obstacles to their use and to minimize permitting costs. Pursuant to AB 1236, cities and counties must adopt a streamlining ordinance and checklist. Therefore, subsequent to the public hearing, staff recommends that City introduce for first reading, Ordinance No. 916-22 to comply with Government Code Section 65850.7 and its requirement that local agencies adopt such an ordinance to create an expedited, streamlined permitting process for electric vehicle charging stations.

Public comment. Rob Holt of The Holt Group stated this is important since we have mandates to install EV Charging Stations, but we need some rules and regulations to design them. I strongly encourage you to get this in place. This electric car thing is coming down the road.

Vice Mayor DeConinck moved approval of staff's recommendation. The motion was seconded by Councilman Rodriguez with a unanimous aye vote. City Clerk Crecelius read the title of the Ordinance into the record.

ORDINANCE NO. 916-22. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, ADDING A NEW CHAPTER 16.64 (ELECTRIC VEHICLE CHARGING STATION PERMITS) TO TITLE 15 (BUILDINGS AND CONSTRUCTION, OF THE BLYTHE MUNICIPAL CODE.

CONTINUED BUSINESS:

Quality of Life Pilot Program Activity Report, Police Chief Dale provided an oral report on the progress made by the Quality-of-Life team during the month of June. I feel the program has been going very well.

Mayor Reynolds stated the numbers speak for themselves. You have been doing a fantastic job.

No Public Comment. The item was received and filed.

Emergency Sewer Repairs at Hobsonway and Lovekin Blvd. Interim City Manager Crecelius stated the sewer repairs at Hobsonway and Lovekin have been deemed an emergency since February 23'd. The City Council is required to review the emergency action at every regularly scheduled meeting until the action is terminated. Radco mobilized on May 3rd and complete, son tooled by a 4 i vote, deil i work this eck co the price is not yet. repairs. It's anticipated the emergency action can be terminated at the August City Council Meeting.

No public comment. Councilman Rodriguez moved to continue the emergency repairs. The motion was seconded by Councilman Burton with a unanimous aye vote.

NEW BUSINESS:
-34-
Fire Reporting System. Fire Chief Hasler stated we have the fire reporting system in place, through Image Trend. We did a lot of research, trying to find a user friendly and efficient system. Image Trend was selected and brought on board. The only cost for this included a program that intertaces with the Blythe PD CAD system and a tablet for the EMS side. We have been on the fire reporting system since June 1s. As of August 1st, we will be able to input emergency medical calls as well as fires. This system makes it more efficient to apply for State and Federal Grants.

The item was received and filed.

Unmanned Aircraft System (UAS). Chief Dale stated over the last year members of the Blythe Police Department have researched using unmanned aircraft systems commonly known as drones. They would be a very useful tool in fire emergencies, rescue operations and critical incidences including barricaded suspects, search warrants and crime scene documentation. Staff recommends starting with a small UAS program with two aircraft and support equipment with four trained pilots who will complete the training and operate as an auxiliary duty. If the program is successful, it can be expanded in the future. A Department policy will be implemented before we go live and will match other California Police agencies with an active UAS program. We will also search for grants that could help fund the program in the future. The courses required are POST certified. Staff received three quotes for the equipment needed, with some equipment to be replaced about every six months. Staff recommends Council authorize an amendment to FY 2022/23 budget in the amount of $35,000 to purchase the equipment and training necessary for the deployment of a UAS program.

Interim City Manager Crecelius stated as a note of clarification, tonight you are approving the purchase. The actual budget amendment will be brought to you by the Finance Director during the mid-year budget review process. You will adopt a resolution authorizing the amendment should you approve the purchase tonight.

No public comment. Councilman Rodriguez moved approval of staff's recommendation. The motion was seconded by Councilman Halby with a unanimous aye vote.

Acceptance of the Phase 2 portion of the East Donlon Street Improvements and Release of Subdivision Improvement Bond. Interim City Manager Crecelius stated on February 14, 2012, the City entered into a Subdivision Improvement Agreement with Chandra Hospitality for the construction of certain street improvements on East Donlon adjacent to the Hampton Inn in two phases. The first phase consisted of the construction of three-quarters of the street improvements and was completed by Chandra Hospitality in 2013. The second phase consisted of the final one-quarter of the street improvements. On May 14, 2013, the City entered into an Economic Development Agreement with Chandra Hospitality for the provision of certain economic incentives in the form of a loan from the City to Chandra Hospitality. On November 28, 2017, pursuant to the First Amendment to the Economic Development Incentive Agreement, Chandra Real Estate Holdings, LLC assumed all duties and obligations of Chandra Hospitality to complete the Phase 2 portion of the street improvements, including the obligation to post a bond for the project. Per the agreement, the Phase 2 street improvements should have been completed by November 28, 2019. In December 2019 the City granted a six-month extension to complete -35-
the project. The City has worked with the Developer since 2019 to have these agreed upon road improvements completed. On June 16, 2022, the City Engineer conducted the final inspection of the Phase 2 portion of the street improvements on East Donlon Street and determined that the work has been satisfactorily completed. In accordance with BMC Section 16.24.180 and Section 66499.7 of the California Government Code, City Council's approval is required prior to release of the Subdivision Improvement Bond. Therefore, staff is requesting that the City Council accept as complete the Phase 2 portion of the street improvements on East Donlon Street and authorize the release of the Subdivision Improvement bond.

Councilman Halby asked where we were with the Economic Development Agreement. Interim City Manager Crecelius stated it was a ten-year agreement and we are at the tail end of it. Once they hit the 10-year mark, it will trigger repayment of the loan.

Mayor Reynolds asked about their Arts and Public Places project.

No public comment. Councilman Rodriguez moved approval of staff's recommendation. The motion was seconded by Councilman Burton with aye votes from Rodriguez, Burton, DeConinck and Reynolds with a no vote from Halby.

Third Amendment to Retainer Agreement or City Attorney Services. City Attorney Roberto excused herself from the discussion due to a financial conflict of interest.

Interim City Manager Crecelius stated in 2010 the City entered into an agreement with Jones Mayer for City Attorney services. The agreement provides one designated City Attorney, along with access to the forty attorneys currently practicing with the firm who provide expertise in all areas of the law. Jones Mayer was selected through a competitive RFP process and specialize in and is devoted to serving public entities. They represent 20 cities as City Attorney and numerous other government agencies throughout California as general and special counsel. The original agreement included an annual retainer for general legal services. In 2013, the agreement was amended to include a cap of 45 hours on the monthly retainer as well as set fees for additional work. The amendment included language to increase these rates annually by CPI. However, the CPI has only been triggered twice since 2013, once in 2017 and in 2018. As such, Jones Mayer has proposed a modest increase to their rates over the next three years. The proposed rate increases are attached as Exhibit A to this report. The City will continue to have a monthly retainer of 45 hours. Unused retainer hours will roll over to the following month so the City will not pay for services not rendered. There is no allowance for unused retainer hours under the current agreement, and something staff negotiated during a review of the proposed rate increase.

Jones Mayer has provided exemplary service to the City since 2010. It is therefore recommended yor to to the city, the City Council authorize the Mayor to execute the Third Amendment to the Agreement between the City and Jones Mayer for City Attorney services.

Public Comment. None.

Councilman Rodriguez moved approval of staff's recommendation. The motion was seconded by Councilman Burton with a unanimous aye vote. City Attorney Roberto rejoined the meeting. -36-
Item No. 24, Ordinance adding Chapter 15.64 to Title 15 of the Blythe Municipal Code Relating to EV Charging Station Permits was moved to Public Hearing.

Ordinance Repealing and Replacing Chapter 8.28 of the Blythe Municipal Code relating to Nuisances and Nuisance Abatement. Interim City Manager Crecelius stated while working with the City Attorney's Office on efforts to abate several abandoned and blighted properties in the City, it was discovered Chapter 8.28 of the Blythe Municipal Code relating to nuisances was extremely outdated. Ordinance 917-22, as proposed, repeals and replaces Chapter

8.28 to set forth guidelines for determining what conditions constitute a public nuisance; establishes a method for giving notice of the conditions and an opportunity to correct; and, the busing notice of the conditons and a opportunity to cortisanc determination of the facts and manner in which the conditions shall be corrected or removed. The Ordinance, if adopted, will better assist the City and Code Enforcement with the abatement of nuisance properties, to maintain the City in an orderly and aesthetically pleasing condition, and to improve the quality of life for its residents, businesses, and visitors. Some of the nuisance conditions outlined in the proposed ordinance include: any building or structure left unsecured, completely damaged or destroyed, any building or structure not properly maintained, any building or structure that is overcrowded in a manner that interferes with a neighboring resident's right to access their property, failure to secure and prevent public access to abandoned or vacant buildings, unmaintained landscaping and abandoned trash, garbage, and refuse. Properties that are a fire hazard and properties that generate an unusually high number of calls for police, code enforcement and/or fire service due to illegal activity are also designated as public nuisances.

Pursuant to the proposed ordinance, once it is determined a public nuisance exists, the City will provide notice to the property owner and instruct the owner to abate the nuisance. Should the owner fail to abate, a nuisance abatement hearing would be held before the hearing officer. At the conclusion of the hearing, the hearing officer would issue a determination regarding whether a public nuisance exists. If a public nuisance is found to exist, the hearing officer would order the owner to abate. If the owner fails to comply with the hearing officer's order, the City would be able to abate the nuisance, provided that the City complies with all provisions of the United States Constitution and all other applicable provisions of law. The ordinance provides that all costs associated with the abatement, starting at the time the City first receives a complaint about property, are the responsibility of the owner and may result in a lien or special assessment upon the property. Therefore, it is recommended Council introduce for first reding, by title only, further reading waived, Ordinance No. 917-22.

Public comment. Glenna Peoples asked if this applied to commercial as well as residential properties.

A resident of Cove circle asked if there was staff to enforce this ordinance or plans to add more staff in the future.

Mayor Reynolds moved approval of staff's recommendation. The motion was seconded by Councilman Halby with a unanimous aye vote. City Clerk Crecelius read the title of the Ordinance into the record.

ORDINANCE NO. 917-22. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, REPEALING AND REPLACING CHAPTER 8.28 (NUISANCES OF TITLE 8 (HEALTH AND SAFETY OF THE -37-
BLYTHE MUNICIPAL CODE RELATING TO PUBLIC NUISANCES AND NUISANCE ABATEMENT PROCEDURES.

ORAL REPORTS:

Interim City Manager Crecelius reported the League of California Cities hosts an annual conference and Expo a number of you have attended in the past. This year's conference is September 7-9th in Long Beach. As you are aware, the City has been working with Retail Strategies, the firm hired to recruit retail businesses to Blythe. At each League Conference there are different sessions and learning workshops. Retail Strategies submitted a session for consideration and just found out it was selected. The session is "Making Rural Communities Competitive" and the session includes myself, the City Manager of Fortuna, the City Manager of Clearlake and Retail Strategies staff. I am very excited we get to highlight Blythe at this Statewide conference. It's a panel discussion with audience participation moderated by Retail Strategies. Please let me know if you would like to attend with me.

MEMBER COMMENT:

Vice Mayor DeConinck thanked the Fire Department for the Fireworks Show.

Councilman Halby stated he was able to attend a river clean up this weekend organized by local citizen Salvador Diaz. It wasn't highly attended, but we did some sound work. I want to give credit to that gentleman for organizing that event as well as some others. He has done a heck of a job and deserves some public recognition.

Councilman Rodriguez wanted to note Chief Dale's organization for the search and recovery of the little girl we lost two weeks ago. At its height, it included 70 law enforcement officers as well as volunteers and helicopters from two agencies in two different states. It didn't turn out how we had hoped, but there was a lot of cooperation from multiple agencies in two states. It went as well as it could have, considering the water level and the holiday weekend. There were divers in that water every single day until she was found.

PUBLIC COMMENT:

Mr. Brookins made statements related to his past complaints. He would like body and dash cams for policing. He would like his phone and money. I keep getting harassed. We are honest hard- working people. There has been no outreach. He was directed to file a complaint as well as a claim for damages.

Larry Williams of 1200 Williams Rd. stated we have the best first responders. They have done a great job. He asked for information on the $11.96 charge on the water bill for the relief valve.

The customer or homeowner has to buy the meter, so why is the City charging for it? The charge, along with who is responsible for the water meter was explained by staff.

Glenna Peoples asked about the Grand Jury report, and the vision for the future of Blythe. What are the long-term plans?
Michael Gutierrez asked about the addition of a third Retail License for Dispensary.

ADJOURN: The City Council meeting was adjourned at 8:10pm. -38-
Dale Reynolds, Mayor
ATTEST:

Mallory Crecelius, City Clerk
-39-
814/2022 City of Blythe Page 1
2:19:28PM PERMITS ISSUED
For the Period 7/1/2022 thru 7/31/2022
Permit No./Issued
Applied/Approved Type/Sub-Type/Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2206-026 ELEC 2761 COLORADO RIVER ROAL JOSEPH & SUZANNE WOODS 19,000.00 508.47 508.47 7/19/2022 SOLAR 833360025 BRIGHT PLANET SOLAR INC
/6/2022 FINALED Permit Name SOLAR
/22/202
B2206-040 ELEC 845 VISTA SUNRISE STREET CECILIO RIVERA RIOS 18,000.00 257.84 257.84 7/27/2022 SOLAR 869371027 TITAN SOLAR POWER CA INC
6/35/2022 ISSUED Permit Name ROOF SOLAR
B2112-009 ELEC 4691 HIDDEN BEACHES DRIVE ROBERT & CRISTINA HULL 57,781.00 357.27 357.27 7/11/2022 SOLAR 833340016 FREEVOLT USA INC
127122221 FINALED Permit Name ROOF MOUNT SOLAR
B2206-036 ELEC 2881 WEST HOBSONWAY COLORADO RIVER HOLDINGS 700.00 122.00 122.00 7/13/2022 824160005 DOUG BROWNE
612/2022 ISSUED Permit Name FOR WELL PUMP
B2207-002 ELEC 2881 WEST HOBSONWAY COLORADO RIVER HOLDINGS 2,000.00 145.00 145.00 7/13/2022 824160005 DOUG BROWNE
7/013022 ISSUED Permit Name CONDUIT
B2203-038 ELEC 261 WARD STREET JUAN TELLEZ 35,000.00 291.05 291.05 7/5/2022 SOLAR 851130019 NATION ENERGY SERVICES
3/30/2022 FINALED Permit Name ROOF MOUNT SOLAR
B2207-005 ELEC 591 HOLLEY LANE LIP & KAM KUEY 1,500.00 145.00 145.00 7/25/2022 842021024 SHAWN COPELAND
71323022 FINALED Permit Name NEW 100 amp PANEL
B2205-026 ELEC 345 SOUTH BROADWAY VICTOR & DIANA LOPEZ 17,500.00 289.08 289.08 7/25/2022 SOLAR 848123016 CLEAN ENERGY SOLUTIONS I
5/26/2022 ISSUED Permit Name ROOF MOUNT SOLAR & UPGRADE Total for: ELEC 151,481.00 2,115.71 2,115.71
Permit No./Issued
Applied/Approved Type/Sub-Type/Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2207-004 MECH 1067 SAN CARLOS STREET GLENN & ROSAURA CROSS 3,000.00 145.00 145.00 7/8/2022 839032005 JOHN HARRISON CONTRACTI
1/8/2021 ISSUED Permit Name 4 ton split system
/8/2021
B2207-024 MECH 361 NORTH ACACIA STREET JAKEB K GONZALES 6,000.00 145.00 145.00 7/27/2022 851141011 AMERICAN AIR CONDITIONIN
27272022 ISSUED Permit Name New Gas pack 4 ton roof mounted B2206-024 MECH 684 NORTH SIXTH STREET #A FRANCISCO & ROSA LANDERC 6,750.00 122.00 122.00 7/15/2022 842113036 JOHNSON REFRIGERATION INI
6/13/2022 ISSUED Permit Name
6/15/2022
Total for: MECH 15,750.00 412.00 412.00
Permit No./Issued
Applied/Approved Type/Sub-Type/Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid PERM133 CRW

AIROGAN
-40-
8/4/2022 City of Blythe Page 2
2:19:28PM PERMITS ISSUED
For the Period 7/1/2022 thru 7/31/2022
B2207-012 OTHER 500 NORTH BROADWAY SAC HEALTH SYSTEM 141,000.00 78.00 78.00 7/15/2022 842100018 JANUS CORPORATION
7/13/2022 ISSUED Permit Name ASBESTOS ABATEMENT
B2207-011 OTHER 301 SOUTH SEVENTH STREET INTISARK CHAMOUN 58,000.00 2,312.23 2,312.23 7/20/2022 848171037 HDR CONSTRUCTION
7/13/2022 ISSUED Permit Name Interior Repairs
B2207-022 OTHER 470 NORTH SOLA AVENUE JON PESCHER 6,500.00 174.03 174.03 7/25/2022 851021003 OWNER
1035/2022 ISSUED Permit Name Bathroom Improvements
Total for: OTHER 205,500.00 2,564.26 2,564.26
Permit No./Issued
Applied/Approved Type/Sub-Type/Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2206-049 PLUMB 2139 THOMAS DRIVE SONIA KIM KELLEY 5,000.00 11,745.00 11,745.00 7/29/2022 824191030 MT CONSTRUCTION TEAM
6/322222 ISSUED Permit Name Connection to City Sewer
B2207-016 PLUMB 2200 EAST DONLON STREET 2 DOUBLE TOV LLC 1,200.00 36.00 36.00 7/25/2022 WATER HEATER 857210021 PALO VERDE PLUMBING COM 7119/2022 ISSUED Permit Name WATER HEATER
B2207-019 PLUMB 2200 EAST DONLON STREET # DOUBLE TOV LLC 1,500.00 96.00 96.00 7/25/2022 WATER HEATER 857210021 PALO VERDE PLUMBING COM 1123/2022 ISSUED Permit Name BACKFLOW DEVICE
B2206-046 PLUMB 640 NORTH NINTH STREET MOISES & LETICIA SORIA 991.00 36.00 36.00 7/14/2022 WATER HEATER 857065004 CRECELIUS INC
6/29/2022 ISSUED Permit Name WATER HEATER
B2206-005 PLUMB 155 NORTH THIRD STREET MARGARET HOCKETT 991.00 36.00 36.00 7/14/2022 WATER HEATER 845153013 CRECELIUS INC
616/2022 ISSUED Permit Name WATER HEATER
B2207-020 PLUMB 2200 EAST DONLON STREET # DOUBLE TOV LIC 1,500.00 96.00 96.00 7/25/2022 WATER HEATER 857210021 PALO VERDE PLUMBING COM 10252022 ISSUED Permit Name BACKFLOW DEVICE
B2207-021 PLUMB 2200 EAST DONLON STREET # DOUBLE TOV LLC 1,500.00 96.00 96.00 7/25/2022 WATER HEATER 857210021 PALO VERDE PLUMBING COM 7125/2022 ISSUED Permit Name BACKFLOW DEVICE
B2207-014 PLUMB 470 NORTH SOLA AVENUE JON P ESCHER 1,500.00 289.00 289.00 7/19/2022 851021003 OWNER
713/2022 ISSUED Permit Name EXTERIOR REPAIRS
Total for: PLUMB 14,182.00 12,430.00 12,430.00
Permit No./Issued
Applied/Approved Type/Sub-Type/Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid B2207-007 RERF 990 CORTEZ AVENUE ADAM J ROBINSON 12,000.00 261.29 261.29 7/12/2022 TEAR OFF 839052001 STEVE GRIFFIN CONSTRUCTIC
2/A22022 ISSUED Permit Name TEAR OFF - 32 squares
PERM123
-41-
8/4/2022 City of Blythe Page
2:19:28PM PERMITS ISSUED
For the Period 7/1/2022 thru 7/31/2022
B2207-006 RERF 361 NORTH ACACIA STREET JAKEBK GONZALES 12,000.00 261.29 261.29 7/12/2022 TEAR OFF 851141011 STEVE GRIFFIN CONSTRUCTIC
7/12/2022 ISSUED Permit Name TEAR OFF - 32 squares
B2207-003 RERF 1061 EAST CALIFORNIA STREI ROBERT R & KELLY WINN 14,000.00 296.17 296.17 7/7/2022 TEAR OFF 857084002 HD CONSTRUCTION & REMOI
/7/202 ISSUED Permit Name TEAR OFF & PAINT EAVES
/7/202
Total for: RERF 38,000.00 818.75 818.75
Permit No./Issued
Applied/Approved Type/Sub-Type/Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid RC2202-001 RES-ADD 9880 EAST SIXTH AVENUE JOHN & TERRI ULMER 176,898.75 3,837.68 3,837.68 7/27/2022 827170015 MT CONSTRUCTION TEAM
/7/2022 ISSUED Permit Name ROOM ADDITION
/23/202:

Total for: RES-ADD 176,898.75 3,837.68 3,837.68
Permit No./Issued
Applied/Approved Type/Sub-Type/Status Site Address and Parcel No. Owner and Contractor Valuation Fees Paid RC2207-001 RIVCOUNTY 17780 SOUTH BROADWAY VALERIE HUDSON 12,000.00 316.26 316.26 7/7/2022 869292013 OWNER
716/2022 ISSUED Permit Name PATIO
Total for: RIVCOUNTY 12,000.00 316.26 316.26
27 Permits Issued from 7/1/2022 Thru 7/31/2022 Total Valuation: $613,811.75 Total Fees: $22,494.66
Total Fees Paid: $22,494.66
PFRM133
-42-
8/4/2022 City of Blythe Page 1
2:22:29PM
Permits Applications Received
For the Period 7/1/2022 thru 7/31/2022
Permit No. Applied Type Subtype Status Site Address/Parcel No. Applicant/Owner/Contractor BP2207-001 7/25/2022 BURNPERMIT FINALED Specific Vacant lots @ Palo Verde Oasis STAN DUNCAN Permit Name SWAIN & SCHICK
Description:

BP2207-002 7/28/2022 BURNPERMIT FINALED 304 NORTH CARLTON AVENUE FRANK LEIVAS Permit Name PALM FRONDS 836062021 MARGARET LEIVAS
Description:
2 Permit Applications from 7/1/2022 Thru 7/31/2022
8/4/2022 City of Blythe Page 1
2:23:20PM Permits Applications Received
For the Period 7/1/2022 thru 7/31/2022
Permit No. Applied Type Subtype Status Site Address/Parcel No. Applicant/Owner/Contractor L2206-005 7/6/2022 BUSINESSLICENS APPLIED 127 MIDWAY PLACE ROW'S BOUTIQUE Permit Name 845133022 GRANT & CHERRY MAYFIELD
Description:
1 Permit Applications from 7/1/2022 7/31/2022
8/4/2022 City of Blythe
2:25:47PM Cases Opened (By Type)
For the Period 7/1/2022 thru 7/31/2022
Type of Case Number opened
BLDG 6
COMPLAINT 2

DUMPING
FIRE,
SIDEWALK 2
WATER
WEED 12
ZONING 2
Total Cases Opened: 28
Cases closed in July: 10
Remaining Active Cases: 499
-43-
8/4/2022 City of Blythe Page 3
2:29:11PM
Projects by Type, Status and Date
For the Period 7/1/2022 thru 7/31/2022
PLANNER NAME: MALLORY CRECELIUS
Project Number Project Type Project Name Status of Project Owner Name Date Applied Date Approved
Site Address Date Expired Date Closed
PM2207-001 PARCEL MAP to create 2 parcels RECIEVED
ROBINSON FARMS 7/20/2022
3453 WEST RIVERSIDE AVENUE
Comments:

Total Projects for MALLORY CRECELIUS For the Period 7/1/2022 thru 7131/2022: 1 814/2022 City of Blythe Page 4
2:29:11PM
Projects by Type, Status and Date
For the Period 7/1/2022 thru 7/31/2022
PLANNER NAME: MICHELLE VAN DYKE
Project Number Project Type Project Name Status of Project Owner Name Date Applied Date Approved
Site Address Date Expired Date Closed
LLA2207-001 LLA STAFF REVIEWING
FRANK & ANGELICA GANDARA 7/15/2022
2161 WEST HOBSONWAY
Comments:

PRC2207-001 PRC KFC RECIEVED
OIL AND WATER USA 7120/2022
700 block WEST HOBSONWAY
Comments:

PRC2207-002 PRC ZANE GREY RV PARK RECIEVED
MORTON 2006 TRUST 6/13/06 etal 7122/2022
200 block SOUTH COLORADO RIVER ROAD
Comments:

VP2207-001 VACANT PROPERTY RECIEVED
ROBERT S & ROSE PRIDE 7/26/2022
575 BELL LANE
Comments:

Total Projects for MICHELLE VAN DYKE For the Period 7/1/2022 thru 7/31/2022: 4 -44-
814/2022 City of Blythe Page 1
2:29:11PM
Projects by Type, Status and Date
For the Period 7/1/2022 thru 7/31/2022
PLANNER NAME: EMILIA NORIEGA
Project Number Project Type Project Name Status of Project Owner Name Date Applied Date Approved
Site Address Date Expired Date Closed
G2207-001 GRAFFITI GRAFFITI ON BRICK WALL CLOSED
GREEN LOTUS ENTERTAINMENT, INC 717/2022
1790 WEST HOBSONWAY 717/2022
Comments:

G2207-002 GRAFFITI GRAFFITI ON RESTROOM CLOSED
CITY OF BLYTHE 7/6/2022
375 EAST DONLON STREET 716/2022
Comments:

G2207-003 GRAFFITI GRAFFITI ON BUILDUING CLOSED
MANUEL & GRACIELA TAMAYO 7/13/2022
243 SOUTH FOURTH STREET 7/13/2022
Comments:

G2207-004 GRAFFITI GRAFFITI ON MAILBOX CLOSED
MANUEL & GRACIELA TAMAYO 7/26/2022
EAST JUNIPER TRAIL 7/26/2022
Comments:

G2207-005 GRAFFITI GRAFFITI ON MAILBOX CLOSED
MANUEL & GRACIELA TAMAYO 7/21/2022
WEST DONLON STREET 7/21/2022
Comments:

G2207-006 GRAFFITI GRAFFITI IN BATHROOM CLOSED
CITY OF BLYTHE 7/19/2022
375 EAST DONLON STREET
Comments:

G2207-007 GRAFFITI GRAFFITI ON BUILDING CLOSED
GREEN LOTUS ENTERTAINMENT, INC 7/14/2022
1790 WEST HOBSONWAY 7/14/2022
Comments:

G2207-008 GRAFFITI GRAFFITI ON MAILBOX CLOSED
7/12/2022
EAST OASIS 7/12/2022
Comments:

G2207-009 GRAFFITI GRAFFITI ON MAILBOX CLOSED
7/29/2022
AURORA WAY 7/12/2022
Comments:

PRO115 CRWSYSTEMS
-45-
814/2022 City of Blythe Page 2
2:29:11PM Projects by Type, Status and Date
For the Period 7/1/2022 thru 7/31/2022
G2207-010 GRAFFITI GRAFFITI ON BUILDING CLOSED
IMPERIAL HARDWARE COMPANY 717/2022
1445 WEST HOBSONWAY 717/2022
Comments:

G2207-011 GRAFFITI GRAFFITI ON BUILDING CLOSED
CITY OF BLYTHE 7/27/2022
250 SOUTH COLORADO RIVER ROAD
Comments:

G2207-012 GRAFFITI GRAFFITI ON BUILDING CLOSED
BLYTHE RA 320 LLC 715/2022
890 EAST HOBSONWAY 715/2022
Comments:

G2207-013 GRAFFITI GRAFFITI IN BATHROOM CLOSED
CITY OF BLYTHE 7/11/2022
500 SOUTH LOVEKIN BOULEVARD
Comments:

G2207-014 GRAFFITI GRAFFITI ON LIGHT POLE CLOSED
7127/2022
NORTH LOVEKIN BLVD 7127/2022
Comments:

G2207-015 GRAFFITI GRAFFITI ON LIGHT POLE CLOSED
7/26/2022
EAST HOBSONWAY 7/26/2022
Comments:

Total Projects for EMILIA NORIEGA For the Period 7/1/2022 thru 7/31/2022: 15 PRO115 CR SYSTEMS
-46-

CITY OF BLYTHE FIRE DEPARTMENT

MONTHLY INCIDENT AND ACTIVITY REPORT
July 2022
Incident Total
Public Assist / Rescue / Medical Aid 43
Structure 5
Vehicle Fire 7
Brush, Grass, Leaves 8
Trash, Rubbish, Dumpster 6
Other 10
Total # of Incidents 79
Activity
Drills 5
Staff Meeting 2
Total Activities 7
Respectfully Submitted
Ronald Hasler, Fire Chief
-47-
CHIEF
BLYTH

BLYTHE POLICE DEPARTMENT
240 North Spring Street • Blythe, CA 92225 • (760) 922-6111 Garth V. Dale, Chief of Police
POLIC
POLIC®
****
Monthly Incident and Activity Report
July 2022
Incident Total
Resident Burglaries 6
Commercial Burglaries
Vehicle Burglaries 1
Domestic Violence 10
7 Battery
Grand Theft
Petty Theft 11
Shoplifting 12
Traffic Collision-Injury
Traffic Collision-Non injury 3
Traffic Collision-Hit and Run 3
Driving Under the Influence 1
Vandalisms 16
Trespassing 0
Prowlers 0
Public Intoxication 10
Alarm 33
Abandoned Vehicle Abatement 10
AVA Vehicles Tows 0
Vehicle Red Tags 3
Documented Police Reports 175
Total Incidents 1534
-48-
CHIEF

BLYTHE POLICE DEPARTMENT
240 North Spring Street • Blythe, CA 92225 • (760) 922-6111 Garth V. Dale, Chief of Police
POLION
****%
Quality of Life Pilot Program
The statistics listed below reflect total numbers since the beginning of the Quality-of-Life Pilot Program which started January 28'h, 2022.

Homeless Detail: July Total from start
of program
People contacted. 155 669
People given bus tickets and left town to seek resources 10 46 elsewhere.

People assisted with obtaining their ID or Social Security 6 44 Cards to register for housing and assistance.

People transported to or referred to mental health. 16 28 People detained under 5150 Welfare and institutions. 2 10 Code and transported for treatment.

People awaiting acceptance to rehab. 4 41
People sent to rehab. 1 7
People picked up by a family member and taken home 2 8
but of town
People assisted with tires and/or gas and relocated to a 2 21 location for resources out of Blythe.

Traffic Detail:

Citations issued for various traffic related violations. 7 193 Traffic enforcement vehicle stops resulting in warnings for 6 114 minor violations.
-49-

CITY OF BLYTHE
Blythe CITY COUNCIL MEETING

STAFF REPORT
MEETING DATE: August 9, 2022
SUBJECT: Notice of Completion- Lovekin/Barnard Street Rehabilitation Project PRESENTED BY: Mallory Crecelius, Interim City Manager
PREPARED BY: Mallory Crecelius, Interim City Manager
RECOMMENDATION: Council accept the work performed by Rove Engineering, Inc. for the Lovekin/Barnard Street Rehabilitation project on Lovekin Blvd. from Hobsonway to Barnard Street and on Barnard Street from Lovekin to Main street and authorize the Mayor and City Clerk to execute and file the Notice of Completion for the project. It is further recommended Council authorize the Interim City Manager to release retention payments once the Notice of Completion is recorded and release project bonds once appropriate.

FISCAL IMPACT: None
BACKGROUND: The City entered into an agreement with Rove Engineering, Inc. in February 2022 to rehabilitate Lovekin Blvd. and Barnard Street. Construction started in April. The project was completed and accepted by Public Works in early July.

STAFF REPORT: The project was completed to the satisfaction of the Public Works Department and under the approved project budget of $1,041,865.00.

It is recommended Council accept the work performed by Rove Engineering, Inc. for the subject project, authorize the Mayor and City Clerk to execute and file the Notice of Completion for the project and release retention payments once filed and release project bonds when appropriate.

ATTACHMENTS:

1. Notice of Completion
-50-

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City Clerk
City of Blythe
235 North Broadway
Blythe, CA 92225

EXEMPT FROM RECORDING FEES -
GOVERNMENT CODE §S 6103, 27383

SPACE ABOVE LINE FOR RECORDER'S USE ONLY

NOTICE OF COMPLETION
(California Civil Code § 9204)
NOTICE IS HEREBY GIVEN THAT:

1. Name and Address of Owner. The City of Blythe (City"), a municipal corporation, whose address is 235 North Broadway, Blythe, California 92225, is the fee owner of the public work of improvement described herein and of the property containing said public work of improvement.

Description of Public Work of Improvement. The public work of improvement is the project known as: the Lovekin Boulevard and Barnard Street Rehabilitation Project on Lovekin Boulevard, from Hobsonway to Barnard Street and on Barnard Street, from Lovekin Boulevard to Main Street.

The public work of improvement consisted of:

Grinding, removal and replacement of asphalt pavement, selected removal and replacement of curb, gutter, sidewalk, Americans with Disabilities Act (ADA) curb ramps and reinstalling of striping on Lovekin Boulevard, from Hobsonway to Barnard Street, and Barnard Street, from Lovekin Boulevard to Main Street.

3. Location of Public Work of Improvement. The public work of improvement is generally located on Lovekin Boulevard between Hobsonway and Barnard Street and on Barnard Street between Lovekin Boulevard and Main Street in the City of Blythe, County of Riverside, State of California.

4. Nas: Roved Engine Contractor. on to the public of calement was: Rove Engineering,
92244 ("Contractor").

5. Date of Agreement. The City and Contractor entered into a written agreement dated February 24, 2022 for the public work of improvement.

6. Name of Surety. The surety furnishing the faithful performance and labor and material bonds for the public work of improvement is: Argonaut Insurance Company. 1 of 2
-51-

7. Date of Completion. The public work of improvement was completed to the satisfaction of the City Engineer on: July 25, 2022.

8. Date of Acceptance. The City Council accepted the public work of improvement on August 9, 2022, and authorized the Mayor to execute, and the City Clerk to record, this Notice of Completion.

Dated:

Dale Reynolds
Mayor

VERIFICATION
1, the undersigned, say: I am the City Clerk of the City of Blythe, the declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.

Executed on _, at Blythe, California.

Mallory Crecelius
City Clerk
2 of 2
-52-
CORTIN'S FIRE!

CITY OF BLYTHE
Blythe CITY COUNCIL MEETING

STAFF REPORT
MEETING DATE: August 9, 2022
SUBJECT: Financial Audit Engagement for Fiscal Year 2021-2022 PRESENTED BY: Christa Elms, Director of Finance
PREPARED BY: Christa Elms, Director of Finance
RECOMMENDATION: It is recommended that the City Council authorize an engagement with Teaman, Ramirez & Smith, Inc. for audit services.

FISCAL IMPACT: Total costs for services not to exceed $69,100. Amounts appropriated in the proposed Fiscal Year 2022-2023 budget.

BACKGROUND: Annually the City of Blythe engages in external auditing services to perform an audit of the City's financial statements of the governmental activities, the business- type activities, each major fund, and the aggregate remaining tund information, including the disclosures, which collectively comprise the basic financial statements, of the City of Blythe and the Blythe Public Financing Authority. Teaman, Ramirez & Smith, Inc. has been providing this service to the City of Blythe for many years.

STAFF REPORT: Teaman, Ramirez & Smith, Inc. has over eighty years of experience in providing audit and consulting services to governmental agencies. The City has used the firm for many years to perform an external audit of the City's financials and for the preparation of the City's annual financial statements. Based on Teaman, Ramirez & Smith, Inc.'s years of experience and expertise in governmental audits Staff recommends the continued use of the firm's services for the City's Fiscal Year 2021-2022 audit and preparation of financial statements.

ATTACHMENTS:

1. Audit Engagement Letter

2. State Controllers Report Engagement Letter

3. Appropriations Limit Engagement Letter
-53-

ORS TEAMAN FAME SMTH NG
July 18, 2022
Christa Elms, Director of Finance
City of Blythe
235 North Broadway
Blythe, California 92225
Wey and ad to the mic rading ding of the A ces the are to prodidnt it of Blythe the Audit Scope and Objectives
We will audit the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information, including the disclosures, which collectively comprise the basic financial statements, of the City of Blythe and the Blythe Public Financing Authority as of and for the year ended June 30, 2022. Accounting standards generally accepted in the United States of America (GAAP) provide for certain required supplementary information (RSI), such as management's discussion and analysis (MD&A), to supplement the City of Blythe's and the PFA's basic financial statements. Such information, although not a part of the basic financial statements, is required by the Government Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the City's and PFA's RSI in accordance with auditing standards generally accepted in the United States of America (GAAS). These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements.

We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by GAAP and will be subjected to certain limited procedures, but will not be audited:

City PFA
Management's Discussion and Analysis Yes
Budgetary Comparison Schedules Yes
Schedule of Changes in the Net OPEB Liability (Asset) Yes and Related Ratios
Schedule of Contributions - Retiree Health Benefit Plan Yes Schedule of Proportionate Share of the Net Pension Yes
Liability - CalPERS Pension Plan
Schedule of Contributions - CaPERS Pension Plan Yes
We have also been engaged to report on supplementary information other than RSI that accompanies the City's and PFA's financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with GAAS, and we will provide an opinion on it in relation to the financial statements as a whole in a separate written report accompanying our auditor's report on the financial statements or in a report combined with our auditor's report on the financial statements:

Richard A. Teaman, CPA • David M. Ramirez, CPA • Javier H. Carrillo, CPA • Bryan P. Daugherty, CPA 4201 Brockton Avenue Suite 100 Riverside CA 92501 951.274.9500 TEL 951.274.7828 FAX www.trscpas.com -54-
City PFA
Combining Statements Yes
Schedule of Expenditures of Federal Awards Yes
The objectives of our audit are to obtain reasonable assurance as to whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, issue an auditor's report that includes our opinions about whether your financial statements are fairly presented, in all material respects, in conformity with GAAP, and report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS and Government Auditing Standards will always detect a material misstatement when it exists. Misstatements, including omissions, can arise from fraud or error and are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment of a reasonable user made based on the financial statements. The objectives also include reporting on:
• Internal control over financial reporting and compliance with provisions of laws, regulations, contracts, and award agreements, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards. • Internal control over compliance related to major programs and an opinion (or disclaimer of opinion) on compliance with federal statutes, regulations, and the terms and conditions of federal awards that could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance).

Auditor's Responsibilities for the Audit of the Financial Statements and Single Audit We will conduct our audit in accordance GAAS, the standards for financial audits contained in Government with GAAS and Government Auditing Standards, we exercise professional judgement and maintain profession skepticism throughout the audit.

We will evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management. We will also evaluate the overall presentation of the financial statements, including the disclosures, and determine whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. We will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the City or to acts by management or employees acting on behalf of the City. Because the determination of waste and abuse is subjective, Government Auditing Standards do not expect auditors to perform specific procedures to detect waste or abuse in financial audits nor do they expect auditors to provide reasonable assurance of detecting waste or abuse.

B-IA
-55-
Because of inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is an unavoidable risk that some material misstatements may not be detected by us, even though the audit is properly planned and performed in accordance with GAAS and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements or on major programs. However, we will inform the appropriate level of management of any material errors, any fraudulent financial reporting, or misappropriation of assets that comes to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. We will include such matters in the reports required for a Single Audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to later periods for which we are not engaged as auditors.

In connection with this engagement, we may communicate with you or others via email transmission. As emails can be intercepted and read, disclosed or otherwise used or communicated by an unintended third party, or may not be delivered to each of the parties whom they are directed and only to such parties, we cannot guarantee or warrant that emails from us will be properly delivered and read only by the addressee.

Therefore, we specifically disclaim and waive any liability or responsibility whatsoever for the interception or unintentional disclosure of emails transmitted by us in connection with the performance of this engagement. In that regard, you agree that we shall have no liability for any loss or damage to any person or entity resulting from the use of email transmissions, including any consequential, incidental, direct, indirect, or special damages, such as loss of revenues or anticipated profits, or disclosure or communication of confidential or proprietary information.

We will also conclude, based on the audit evidence obtained, whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the government's ability to continue as a going concern for a reasonable period of time.

Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, tests of the physical existence of inventories, and direct confirmation of receivables and certain assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will also request written representations from your attorneys as part of the engagement.

We have identified the following significant risk(s) of material misstatement as part of our audit preliminary planning. However, we are still in the process of our audit planning and these risks may be modified. See the separately issued Governance Planning Communication Letter for any modifications, if any, to these risks.

1. Management Override of Controls

2. The City currently has a going concern.

3. Capital assets and depreciation is manually tracked by using excel spreadsheets.

4. Utility billing has a large volume of transactions.

5. Improper revenue recognition due to fraud.

6. Implementation of GASB 87, Leases.
в-1A
-56-
We may, from time to time and depending on the circumstances, use third-party service providers in serving your account. We may share confidential information about you with these service providers but remain committed to maintaining the confidentiality and security of your information. Accordingly, we maintain internal policies, procedures, and safeguards to protect the confidentiality of your personal information. In addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information and we will take reasonable precautions to determine that they have appropriate procedures in place to prevent unauthorized release of your confidential information to others. In the event that we are unable to secure an appropriate confidentiality agreement, you will be asked to provide your consent prior to the sharing of your confidential information with the third-party service provider.

Furthermore, we will remain responsible for the work provided by any such third-party service providers.

Our audit of the financial statements does not relieve you of your responsibilities.

Audit Procedures - Internal Control
We will obtain an understanding of the City and its environment, including internal control relevant to the audit, sufficient to identify and assess the risks of material misstatement of the financial statements, whether due to error or fraud, and to design and perform audit procedures responsive to those risks and obtain evidence that is sufficient and appropriate to provide a basis for our opinions. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentation, or the override of internal control. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards.

As required by the Uniform Guidance, we will perform tests of controls over compliance to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each major federal award program.

However, our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to the Uniform Guidance.

An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. Accordingly, we will express no such opinion. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards, Government Auditing Standards, and the Uniform Guidance.

Audit Procedures - Compliance
As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City's compliance with the provisions of applicable laws, regulations, contracts, and agreements, including grants agreements. However, the objective of those procedures will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards.

B-1A
-57-
The Uniform Guidance requires that we also plan and perform the audit to obtain reasonable assurance about whether the auditee has complied with federal statutes, regulations, and the terms and conditions of federal awards applicable to major programs. Our procedures will consist of tests of transactions and other applicable procedures described in the OMB Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the City's major programs. For federal programs that are included in the Compliance Supplement, our compliance and internal control procedures will relate to the compliance requirements that the Compliance Supplement identifies as being subject to audit. The purpose of these procedures will be to express an opinion on the City's compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to the Uniform Guidance.

Other Services
We will also assist in preparing the financial statements, schedule of expenditures of federal awards, and related notes. of the City and Blythe Public Financing Authority in conformity with accounting principles generally accepted in the United States of America and the Uniform Guidance, GASB 68 net pension liability and related deferred outflows/inflows of resources calculation, training with implementing GASB 87 leases and prepare the State Controllers Report (see separate engagement letter) in conformity of the requirements of the California State Controller's Office based on information provided by you. These nonaudit services do not constitute an audit under Government Auditing Standards and such services will not be conducted in accordance with Government Auditing Standards. We will perform the services in accordance with applicable professional standards. The other services are limited to the financial statements, schedule of expenditures of federal awards, related notes, GASB 68 net pension liability and related deferred outflows/inflows of resources calculation, training with implementing GASB 87 leases and preparation of the State Controllers Report and services previously defined. We, in our sole professional judgment, reserve the right to refuse to perform any procedure or take any action that could be construed as assuming management responsibilities.

You agree to assume all management responsibilities relating to the financial statements and related notes, schedule of expenditures of federal awards, GASB 68 net pension liability and related deferred outflows/inflows of resources calculation, training with implementing GASB 87 leases, State Controllers Report and any other nonaudit services we provide. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements and related notes and that you have reviewed and approved the financial statements and related notes, schedule of expenditures of federal awards, GASB 68 net pension liability and related deferred outflows/inflows of resources calculation, training with implementing GASB 87 leases, State Controllers Report and any other nonaudit services we provide prior to their issuance and have accepted responsibility for them. Further, you agree to oversee the nonaudit services by designating an individual, preferably from senior management, with suitable skill, knowledge, or experience; evaluate the adequacy and results of those services; and accept responsibility for them.

Responsibilities of Management for the Financial Statements and Single Audit Our audit will be conducted on the basis that you acknowledge and understand that your responsibility for (1) designing, implementing, establishing, and maintaining effective internal controls relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether B-IA
-58-
due to fraud or error, including controls over federal awards, and for evaluating and monitoring ongoing activities to help ensure that appropriate goals and objectives are met; (2) following laws and regulations; (3) ensuring that there is reasonable assurance that government programs are administered in compliance with compliance requirements; (4) and ensuring that management and financial information is reliable and properly reported. Management is also responsible for implementing systems designed to achieve compliance with applicable laws, regulations, contracts, and grant agreements. You are also responsible for the selection and application of accounting principles, for the preparation and fair presentation of the financial statements, schedule of expenditures of federal awards, and all accompanying information in conformity with accounting principles generally accepted in the United States of America, and for compliance with applicable laws and regulations (including federal statues) and the provisions of contracts and grant agreements (including award agreements). Your responsibilities also include identifying significant contractor relationships in which the contractor has responsibility for program compliance and for the accuracy and completeness of that information.

You are also responsible for making drafts of financial statements, schedule of expenditures of federal awards, all financial records and related information available to us and for the accuracy and completeness of that information (including information from outside of the general and subsidiary ledgers). You are also responsible for providing us with (I) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, such as records, documentation, identification of all related parties and all related-party relationships and transactions, and other matters; (2) access to personnel, accounts, books, records, supporting documentation, and other information as needed to perform an audit under the Uniform Guidance; (3) additional information that we may request for the purpose of the audit; and (4) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence. At the conclusion of our audit, we will require certain written representations from you about the financial statements, schedule of expenditures of federal awards, federal award programs, compliance with laws, regulations, contracts, and related matters.

Your responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements of each opinion unit taken as a whole.

You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the government complies with applicable laws, regulations, contracts, agreements, and grants. You are also responsible for taking timely and appropriate steps to remedy fraud and noncompliance with provisions of laws, regulations, contracts, and grant agreements that we report. Additionally, as required by the Uniform Guidance, it is management's responsibility to evaluate and monitor noncompliance with federal statutes, regulations, and the terms and conditions of federal awards; take prompt action when instances of noncompliance are identified including noncompliance identified in audit findings; promptly follow up and take corrective action on reported audit findings; and B-1A
-59-
prepare a summary schedule of prior audit findings and a separate corrective action plan. The summary schedule of prior audit findings should be available for our review on September 19, 2022.

You are responsible for identifying all federal awards received and understanding and complying with the compliance requirements and for the preparation of the schedule of expenditures of federal awards (including notes and noncash assistance received, and COVID-19-related concepts, such as lost revenues, if applicable) in conformity with the Uniform Guidance. You agree to include our report on the schedule of expenditures of federal awards in any document that contains, and indicates that we have reported on, the schedule of expenditures of federal awards. You also agree to include the audited financial statements with any presentation of the schedule of expenditures of federal awards that includes our report thereon or make the audited financial statements readily available to intended users of the schedule of expenditures of federal awards no later than the date the schedule of expenditures of federal awards is issued with our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the schedule of expenditures of federal awards in accordance with the Uniform Guidance; (2) you believe the schedule of expenditures of federal awards, including its form and content, is stated fairly in accordance with the Uniform Guidance; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the schedule of expenditures of federal awards.

You are also responsible for the preparation of the supplementary information, which we have been engaged to report on, in conformity with U.S. generally accounting principles (GAAP). You agree to include our report on the supplementary information in any document that contains, and indicates that we have reported on, the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon or make the audited financial statements readily available to users of the supplementary information no later than the date the supplementary information is issued with our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the supplementary information in accordance with GAAP; (2) you believe the supplementary information, including its form and content, is fairly presented in accordance with GAAP; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the supplementary information.

Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying and providing report copies of previous financial audits, attestation engagements, performance audits or other studies related to the objectives discussed in the Audit Scope and Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or other studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information.

B-IA
-60-
With regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document.

Engagement Administration, Fees, and Other
We will schedule the engagement based in part on deadlines, working conditions, and the availability of your key personnel. We will plan the engagement based on the assumption that your personnel will cooperate and provide assistance by performing tasks such as preparing requested schedules, retrieving supporting documents, and preparing confirmations. If for whatever reason your personnel are unavailable to provide the necessary assistance in a timely manner, it may substantially increase the work we have to do to complete the engagement within the established deadlines, resulting in an increase in fees over our original fee estimate.

At the conclusion of the engagement, we will complete the appropriate sections of the Data Collection Form that summarizes our audit findings. It is management's responsibility to electronically submit the reporting package (including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditor's reports, and corrective action plan) along with the Data Collection Form to the federal audit clearinghouse. We will coordinate with you the electronic submission and certification.

The Data Collection Form and the reporting package must be submitted within the earlier of 30 calendar days after receipt of the auditor's reports or nine months after the end of the audit period.

We will provide copies of our reports to the City; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection.

The audit documentation for this engagement is the property of Teaman, Ramirez & Smith, Inc. and constitutes confidential information. However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request and in a timely manner to State Controller's Office or its designee, a federal agency providing direct or indirect funding, or the U.S.

Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Teaman, Ramirez & Smith's personnel Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. In such cases, Teaman, Ramirez & Smith, Inc. is not responsible for the distribution of the copies or information contained therein.

The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period requested by a regulator. If we are aware that a federal awarding agency or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation.

B-1A
-61-
Richard A. Teaman is the engagement partner and is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them. We expect to begin our final fieldwork on approximately September 19, 2022 and to issue our reports no later than December 2022.

Our fees for these services will be as follows: $55,000 and $6,800 for the City of Blythe and Blythe Public Financing Authority, respectively. For the GASB 68 net pension and related deferred outflows/inflows of resources calculation, the fee is $1,500. For the training on implementing GASB 87 for leases, the fee is $1,800. If a single audit or alternative compliance examination engagement is required, there will be a maximum additional fee of $4,000. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report. You will be obligated to compensate us for all time expended and to reimburse us for all costs through the date of termination. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs.

You may request that we perform additional services not addressed in this engagement letter. If this occurs, we will communicate with you regarding the scope of the additional services and the estimated fees. We also may issue a separate engagement letter covering the additional services. In the absence of any other written communication form us documenting such additional services, our services will continue to be governed by the terms of this engagement letter.

Reporting
We will issue written reports upon completion of our Single Audit or alternative compliance examination engagement. Our reports will be addressed to the City Council. Circumstances may arise in which our report may differ from its expected form and content based on the results of our audit. Depending on the natures of these circumstances, it may be necessary for us to modify our opinions, add a separate section, or add an emphasis-of-matter or other-matter paragraph to our auditor's report, or if necessary, withdraw from the engagement. If our opinions are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or issue reports, or may withdraw from this engagement.

The Government Auditing Standards report on internal control over financial reporting and on compliance and other matters will state that (1) the purpose of the report is solely to describe the scope of testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City's internal control or on compliance, and (2) the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City's internal control and compliance. The Uniform Guidance report on internal control over compliance will state that the purpose of the report on internal control over compliance is solely to describe the scope of testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance.

Both reports will state that the report is not suitable for any other purpose.

B-1A
-62-
In addition, we will also provide a report on agreed upon procedures performed on the City's calculation of its annual appropriations limit as required by Article XIII B of the California State Constitution. We will perform the procedures in the Article XIII B Appropriations Limit Uniform Guidelines as published by the League of California Cities (see separate engagement letter). This report will include a statement that the report is intended solely for the information and use of management, City Council and specific legislative or regulatory bodies and is not intended to be and should not be used by anyone other than these specified parties.

We appreciate the opportunity to be of service to the City of Blythe and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us.

Very truly yours,
TEAMAN, RAMIREZ & SMITH, INC.

Pland a Teamen
Richard A. Teaman
Certified Public Accountant
RESPONSE:

This letter correctly sets forth the understanding of the City of Blythe and the Blythe Public Financing Authority.

Management Signature:

Name and Title: Christa Elms, Director of Finance
Date:

Governance Signature:

Name and Title:

Date:

B-1A
-63-
July 18, 2022
Christa Elms, Director of Finance
City of Blythe
235 North Broadway
Blythe, California 92225
Dear Christa:

We are pleased to confirm our acceptance and understanding of the services we are to provide for the year ended June 30, 2022.

You have requested that we prepare the Annual Financial Transactions Report (State Controller's Report) of the City of Blythe (the "City") and the Blythe Public Financing Authority (the "PFA"), as of and for the year ended June 30, 2022 in the forms prescribed by the California State Controller in accordance with accounting principles generally accepted in the United States of America, and perform a compilation engagement with respect to the State Controller's Reports.

The supplementary information, separately filed and submitted, from the compiled State Controller's Reports will be presented for purposes of additional analysis. We will not compile the Government Compensation in California (GCC) Report, U.S Bureau Census form or other supplementary information. We will not audit or review the supplementary information. Our report will not express an opinion, a conclusion, nor provide any assurance on such information.

We will assist the Finance Department in adjusting the books of accounts with the objective that the Finance Department will be able to prepare a working trial balance from which the State Controller's Report can be prepared. The Finance Department will provide us with a detailed trial balance and any supporting schedules we require.

Our Responsibilities
The objective of our engagement is to—
1) prepare the State Controller's Reports in accordance with the format prescribed by the California State Controller and in accordance with accounting principles generally accepted in the United States of America based on information provided by you, and
2) apply accounting and financial reporting expertise to assist you in the presentation of the State Controller's Reports without undertaking to obtain or provide any assurance that there are no material modifications that should be made to those forms in order for them to be in accordance with the format prescribed by the California State Controller and accounting principles generally accepted in the United States of America.

We will conduct our compilation engagement in accordance with Statements on Standards for Accounting and Review Services (SSARS) promulgated by the Accounting and Review Services Committee of the AICPA and comply with applicable professional standards, including the AICPA's Code of Professional Conduct and its ethical principles of integrity, objectivity, professional competence, and due care, when preparing the State Controller's Reports and performing the compilation engagement.

We are not required to, and will not, verify the accuracy or completeness of the information you will provide to us for the engagement or otherwise gather evidence for the purpose of expressing an opinion or a conclusion. Accordingly, we will not express an opinion, a conclusion, nor provide any assurance on the State Controller's Reports.

Our engagement cannot be relied upon to identify or disclose any misstatements in the State Controller's Reports, including those caused by fraud or error, or to identify or disclose any wrongdoing within the City or PFA, or noncompliance with laws and regulations.

Richard A. Teaman, CPA • David M. Ramirez, CPA • Javier H. Carrillo, CPA • Bryan P. Daugherty, CPA 4201 Brockton Avenue Suite 100 Riverside CA 92501 951.274.9500 TEL 951.274.7828 FAX www.trscpas.com -64-
We, in our sole professional judgment, reserve the right to refuse to perform any procedure or take any action that could be construed as assuming management responsibilities since performing those procedures or taking such action would impair our independence.

Your Responsibilities
The engagement to be performed is conducted on the basis that you acknowledge and understand that our role is to assist you in the preparation of the State Controller's Reports in accordance with the format prescribed by the California State Controlle and accounting principles generally accepted in the United States of America and assist you in the presentation of the Stat Controller's Reports in accordance with the format prescribed by the California State Controller and accounting principles generally accepted in the United States of America. You have the following overall responsibilities that are fundamental to our undertaking the engagement in accordance with SSARS:
1) The selection of the format prescribed by the California State Controller and accounting principles generally accepted in the United States of America as the financial reporting framework to be applied in the preparation of the State Controller's Reports.

The preparation and fair presentation of the State Controller's Reports in accordance with the format prescribed by the California State Controller and the accounting principles generally accepted in the United States of America.

The design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of the State Controller's Reports that are free from material misstatements, whether due to fraud or error. 4) The prevention and detection of fraud.
5) To ensure that the City of PFA complies with the laws and regulations applicable to its activities. 6) The accuracy and completeness of the records, documents, explanations, and other information, including significant judgments, you provide to us for the engagement.
7) To provide us with—
access to all information of which you are aware that is relevant to the fair presentation of the financial statements, such as records, documentation, and other matters.
additional information that we may request from you for the purpose of the compilation engagement. • unrestricted access to persons within the City or PFA of whom we determine it necessary to make inquiries.

You are also responsible for all management decisions and responsibilities and for designating an individual with suitable skills, knowledge, and experience to oversee our services and the preparation of your State Controller's Reports. You are responsible for evaluating the adequacy and results of the services performed and accepting responsibility for such services.

Our Report
As part of our engagement, we will issue a report that will state that we did not audit or review the State Controller's Reports and that, accordingly, we do not express an opinion, a conclusion, nor provide any assurance on them. There may be circumstances in which the report differs from the expected form and content. If, for any reason, we are unable to complete the compilation of your State Controller's Reports, we will not issue a report on such prescribed forms as a result of this engagement.

Our report will disclose that the State Controller's Reports are presented in a prescribed form in accordance with the requirements of the California State Controller and is not intended to be a presentation in accordance with accounting principles generally accepted in the United States of America.
-65-
You agree to include our accountant's compilation report in any document containing the State Controller's Reports that indicates we have performed a compilation engagement on such prescribed forms and, prior to inclusion of the report, to obtain our permission to do so.

Other Relevant Information
Richard A. Teaman is the engagement partner and is responsible for supervising the engagement and signing the report or authorizing another individual to sign it.

Our fee to prepare the report is included in the fee quoted in the engagement letter to conduct the June 30, 2022 financial audit of the City of PFA dated July 18, 2022. The fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the work performed. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. Our invoice for these fees are payable on presentation.

You agree to hold us harmless and to release, indemnify, and defend us from any liability or costs, including attorney's fees, resulting from management's knowing misrepresentations to us.

We appreciate the opportunity to be of service to you and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you acknowledge and agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us.

Very truly yours,
TEAMAN, RAMIREZ & SMITH, INC.
taked C. Leaven
Richard A. Teaman
Certified Public Accountant
RESPONSE:

This letter correctly sets forth the understanding of the City of Blythe and Blythe Public Financing Authority.

Management Signature:

Name and Title: Christa Elms. Director of Finance
Date:

Governance Signature:

Name and Title:

Date:
-66-

RS TAMAN RAMIREZ SMITH ING
PUBLIC CCOUNTANT.

July 18, 2022
Christa Elms, Director of Finance
City of Blythe
235 North Broadway
Blythe, California 92225
Dear Christa:

We are pleased to confirm our understanding of the terms of our engagement and the nature and limitations of the services we are to provide for the City of Blythe (the "City").

We will apply the procedures described in the attachment to this letter to the City's Appropriation Limit documents.

By signing this engagement letter, you agree to those procedures and acknowledge that the procedures to be established by the American Institute of Certified Public Accountants (AICPA). Those standards require that we obtain your written agreement to the procedures to be applied and your acknowledgment that those procedures are appropriate for the intended purpose of the engagement, as described in this letter. A refusal to provide such agreement and acknowledgment will result in our withdrawal from the engagement. We make no representation that the procedures we will perform are appropriate for the intended purpose of the engagement or for any other purpose.

Because the agreed-upon procedures do not constitute an examination or review, we will not express an opinion or conclusion on the City's Appropriation Limit documents. In addition, we have no obligation to perform any procedures beyond those to which you agree.

We plan to begin our procedures on approximately September 19, 2022 and, unless unforeseeable problems are encountered, the engagement should be completed by December 2022.

We will issue a written report upon completion of our engagement that lists the procedures performed and our findings Our report will be addressed to the City. If we encounter restrictions in performing our procedures, we will discuss the matter with you. If we determine the restrictions are appropriate, we will disclose the restrictions in our report. Our report will contain a paragraph indicating that had we performed additional procedures, other matters might have come to our attention that would have been reported to you.

There may exist circumstances that, in our professional judgement, will require we withdraw from the engagement.

Such circumstances include the following:
• You refuse to provide written agreement to the procedures and acknowledge that they are appropriate for the intended purpose of the engagement.
• You fail to provide requested written representations, or we conclude that there is sufficient doubt about the competence, integrity, ethical values, or diligence of those providing the written representations, or we conclude that the written representations provided are otherwise not reliable. • We determine that the description of the procedures performed or the corresponding findings are misleading in the circumstances of the engagement.
• We determine that restrictions on the performance of procedures are not appropriate.

Richard A. Teaman, CPA • David M. Ramirez, CPA • Javier H. Carrillo, CPA • Bryan P. Daugherty, CPA 4201 Brockton Avenue Suite 100 Riverside CA 92501 951.274.9500 TEL 951.274.7828 FAX www.trscpas.com -67-
An agreed-upon procedures engagement is not designed to detect instances of fraud or noncompliance with laws or regulations; however, should any such matters come to our attention, we will communicate them in accordance with professional standards and applicable law. In addition, if, in connection with this engagement, matters come to our attention that contradicts the City's Appropriations Limit documents, we will communicate such matters to you.

You agree to the procedures to be performed and acknowledge that they are appropriate for the intended purpose of the engagement.

You are responsible for the presentation of the Appropriations Limit documents in accordance with Section 1.5 of Article XIIIB of the California Constitution; and for selecting the criteria and determining that such criteria are appropriate for your purposes. In addition, you are responsible for providing us with (1) access to all information of which you or the appropriate party are aware that is relevant to the performance of the agreed-upon procedures on the subject matter, (2) additional information that we may request from the appropriate party for the purpose of performing the agreed-upon procedures, and (3) unrestricted access to persons within the City from whom we determine it necessary to obtain evidence relating to performing those procedures. You are responsible for assuming all management responsibilities and for overseeing any nonattest services we provide by designating an individual, preferably within senior management, who possesses suitable skill, knowledge, and/or experience. In addition, you are responsible for evaluating the adequacy and results of the services performed and accepting responsibility for the results of such services.

At the conclusion of our engagement, we will require certain written representations in the form of a representation letter from management that, among other things, will confirm management's responsibility for the City's Appropriations Limit documents in accordance with Section 1.5 of Article XIIIB of the California Constitution.

Richard A. Teaman is the engagement partner and is responsible for supervising the engagement and signing the report or authorizing another individual to sign it.

Our fees for these services are included as part of the audit fees in a separate engagement letter.

We appreciate the opportunity to assist you and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. If the need for additional services arises, or the procedures need to be modified, our agreement with you will need to be revised. It is customary for us to enumerate these revisions in an addendum to this letter. If additional specified parties of the report are added, we will require that they acknowledge in writing their agreement with the procedures performed or to be performed and their acknowledgement that the procedures are appropriate for their purposes.

Very truly yours,
TEAMAN, RAMIREZ & SMITH, INC.

Richard A. Teaman
Certified Public Accountant
-68-
RESPONSE:

This letter correctly sets forth the understanding of the City of Blythe.

Management Signature:

Name and Title: Christa Elms. Director of Finance
Date:

Governance Signature:

Name and Title:

Date:
-69-
Appropriations Limit Agreed-Upon Procedures
We obtained the completed worksheets and compared the limit and annual adjustment factors included in those worksheets to the limit and annual adjustment factors that were adopted by resolution of the City Council. We also compared the population and inflation options included in the aforementioned worksheets to those that were selected by a recorded vote of the City of Council.

2. For the accompanying Appropriations Limit worksheet, we added last year's limit to total adjustments and agreed the resulting amount to this year's limit.

3. We agreed the current year information presented in the accompanying Appropriations Limit worksheet to the other documents referenced in #1 above.

4. We agreed the prior year appropriations limit presented in the accompanying Appropriations Limit worksheet to the prior year appropriations limit adopted by the City Council during the prior year. -70-

THETA S FIRST TRE

CITY OF BLYTHE
Blythe CITY COUNCIL MEETING

STAFF REPORT
IS HED
MEETING DATE: August 9, 2022
SUBJECT: Voting Delegate- League of California Cities Annual Conference PRESENTED BY: Mallory Crecelius, Interim City Manager
PREPARED BY: Mallory Crecelius, Interim City Manager
RECOMMENDATION: Council appoint Mayor Reynolds as the City's voting delegate to place votes on behalf of the City during the Annual League of California Cities Conference September 7-9, 2022 in Long Beach, California.

FISCAL IMPACT: None.

BACKGROUND: Mayor Reynolds has been registered to attend the annual conference and will represent the City during the annual business meeting.

STAFF REPORT: As Mayor Reynolds is the only member of Council attending the Annual Conference, it is recommended Council appoint the Mayor as the City's voting delegate during the conference.

ATTACHMENTS: None
-71-

CITY OF BLYTHE
Blythe CITY COUNCIL MEETING

ARLBLISHE STAFF REPORT
MEETING DATE: August 9, 2022
SUBJECT: Consideration of Resolution Determining the Need to Continue the Local Emergency Due to May 23, 2022 Fire on Spring Street PRESENTED BY: Mallory Crecelius, Interim City Manager
PREPARED BY: Mallory Crecelius, Interim City Manager
RECOMMENDATION: It is recommended that the Council adopt the following Resolution:

RESOLUTION NO. 2022-028 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE,

CALIFORNIA, DETERMINING THE NEED TO CONTINUE THE LOCAL EMERGENCY PROCLAIMED ON MAY 24, 2022 AND PREVIOUSLY CONTINUED ON JULY 12, 2022 DUE TO THE FIRE THAT STARTED ON MAY 23, 2022
FISCAL IMPACT: Unknown at this time.

BACKGROUND: On May 23, 2022, at approximately 8:40 p.m., a fire started burning on North Spring Street between Hobsonway and Murphy Street. The Blythe Fire Department requested and received mutual aid from CAL FIRE, the Parker Fire Department, the Ehrenberg Fire Department and the Imperial County Fire Department. The Blythe Police Department requested and received mutual aid from the Riverside County Sheriff's Department, California Highway Patrol and United States Border Patrol, who assisted with securing the scene and traffic control due to the large amount of pedestrian and vehicle traffic that were impeding the Fire Department's ability to respond to the fire.

The fire was fully contained by approximately 12:00 a.m. on May 24, 2022. The Ashley Furniture HomeStore and Sears Hometown Store were completely destroyed and the Calvary Chapel sustained water damage as a result of the fire. Other damages included debris on City streets and rights-of-way, resonating smoke in the vicinity of the fire and a lingering smoke smell in the Blythe Police Department and City Hall. Since that time, damages to public property have been repaired. The owners of the Sears Hometown Store have commenced cleanup on their property.

On May 24, 2022, as authorized by California Government Code Section 8630(a) and Blythe Municipal Code (BMC) Section 2.52.120(A)(2), the Mayor, as the City's Disaster Director, proclaimed the existence of a local emergency due to the fire, through Proclamation No. 2022-

01. On May 26, 2022, the City Council adopted Resolution No. 2022-015, ratifying the Mayor's proclamation of the local emergency.

Pursuant to California Government Code Section 8630, once a local emergency is proclaimed, the City Council is required to review the need for continuing the local emergency at least once every 60 days until the local emergency is terminated, and must proclaim the termination of -72-
the local emergency at the earliest possible date that conditions warrant. On July 12, 2022, the City Council adopted Resolution No. 2022-024, determining there was a need to continue the local emergency.

STAFF REPORT: Staff is seeking reimbursement through the Governor's Office of Emergency Services (Cal OES) of the City's costs incurred in responding to the fire and repairing damages to public property caused by the fire. Such process is still ongoing. As outlined above, California Government Code Section 8630 requires the City Council to review the need for continuing the local emergency at least once every 60 days until the local emergency is terminated. The City Council's September meeting will not be held until September 27, 2022. Therefore, staff is requesting that the City Council determine there a need to continue the local emergency in accordance with California Government Code Section 8630.

ATTACHMENTS: Resolution No. 2022-028
-73-
RESOLUTION NO. 2022-028

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF BLYTHE, CALIFORNIA, DETERMINING THE NEED

TO CONTINUE THE LOCAL EMERGENCY PROCLAIMED
ON MAY 24, 2022 AND PREVIOUSLY CONTINUED ON
JULY 12, 2022 DUE TO THE FIRE THAT STARTED ON
MAY 23, 2022

THE CITY COUNCIL OF THE CITY OF BLYTHE HEREBY FINDS, DETERMINES AND DECLARES AS FOLLOWS:

WHEREAS, the California Emergency Services Act (California Government Code Section 8550 et seq.), authorizes the City Council, or an official designated by ordinance of the City Council, to proclaim a local emergency when the City is threatened by conditions of disaster or extreme peril to the safety of persons and property within the City that are, or are likely to be, beyond the control of the services, personnel, equipment and facilities of the City; and WHEREAS, Section 2.52.110 of the Blythe Municipal Code designates the Mayor as the City's Disaster Director; and
WHEREAS, if the City Council is not in session, Blythe Municipal Code Section 2.52.120 empowers the Disaster Director to declare the existence of a local emergency; and WHEREAS, Section 2.52.020(A)(1) of the Blythe Municipal Code defines a "local emergency" as "the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot or earthquake, or other conditions, other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat"; and WHEREAS, on May 23, 2022, a fire starting burning in the City of Blythe on North Spring Street between Hobsonway and Murphy Street; and
WHEREAS, on May 24, 2022, the Mayor, as the City's Disaster Director, proclaimed the existence of a local emergency as authorized by California Government Code Section 8630 and Blythe Municipal Code Section 2.52.120, through Proclamation No. 2022-01, due to the fire; and ratifying tas ayor's pro daman a 2g tired by Calcil depted Rent Code Seei 863015, and Blythe Municipal Code Section 2.52.120(A)(2); and
WHEREAS, California Government Code Section 8630(c) requires the City Council to review the need for continuing the local emergency at least once every 60 days until the City Council terminates the local emergency; and
-74-
WHEREAS, on July 12, 2022, the City Council adopted Resolution No. 2022-024, determining there was a need to continue the local emergency; and Emergency SevAs Cal Cs) for expenses imbur due to the fire, hd Governor's Office of WHEREAS, the City desires to continue the local emergency while the City seeks reimbursement from Cal OES.

NOW, THEREFORE, THE CITY COUNCIL OF THE CIIY OF BLYTHE, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council has reviewed the need for continuing the local emergency, and determines, based on the foregoing recitals, that there is a need to continue the local emergency.

SECTION 2. This local emergency shall continue to exist until the City Council proclaims the termination of the local emergency. The City Council shall review the need for continuing the local emergency in the manner required by law.

PASSED, APPROVED, AND ADOPTED this 9th day of August, 2022 by the following AYES:

NOES:

ABSENT:

ABSTAIN:

Dale Reynolds, Mayor
ATTEST:

Mallory Crecelius, City Clerk
-75-

CHAIN TIEST TURN CITY OF BLYTHE
Blythe CITY COUNCIL MEETING

CRABLISHED STAFF REPORT
MEETING DATE: August 9, 2022
SUBJECT: Ordinance Adding a New Chapter 15.64 to Title 15 of the Blythe Municipal Code Relating to Electric Vehicle Charging Station Permits PRESENTED BY: Mallory Crecelius, Interim City Manager
PREPARED BY: Brittany Roberto, City Attorney
RECOMMENDATION: It is recommended the City Council adopt Ordinance No. 916-22:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, ADDING A NEW CHAPTER

15.64 (ELECTRIC VEHICLE CHARGING STATION PERMITS) TO TITLE 15 (BUILDINGS AND CONSTRUCTION)

OF THE BLYTHE MUNICIPAL CODE
FISCAL IMPACT: None.

BACKGROUND: An electric vehicle charging station is any level of electric vehicle supply equipment station which delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. In 2015, the State of California adopted Assembly Bill 1236 ("AB i236"), which amended Government Code Section 65850.7 ("Section 65850.7") to require local jurisdictions to establish procedures for expedited, streamlined processes for permitting of electric vehicle charging stations. Section 65850.7 provides that it is the policy of the State to promote and encourage the use of electric vehicle charging stations and to limit obstacles to their use. It further provides that it is the intent of the Legislature to encourage the installation of electric vehicle charging stations by removing obstacles to, and minimizing costs of, permitting for charging stations so long as the action does not supersede the Building Official's authority to identify and address higher priority life-safety situations.

STAFF REPORT: Pursuant to AB 1236, cities and counties must adopt a streamlining ordinance and checklist.

The required checklist must contain objective requirements for the installation of an electric vehicle charging station and a process for electronic submittal of permit applications. The content of the checklist requires the permit applicant to check the features of the existing electrical service such as rating in amperes, system voltage, connected or calculated load, spare capacity in amperes, voltage and ampere rating of the electric vehicle supply equipment, circuit rating of the electric vehicle supply equipment, location of the electric vehicle supply equipment, if ventilation is/or is not required, and clearances of the charging equipment to comply with all applicable building and fire safety laws. The checklist also assists the applicant in confirming that the location of the electric vehicle supply equipment will comply with any vehicle clearance requirements in the City's Zoning Code. Section 65850.7 provides that the City's checklist may be based on the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California: Community Readiness Guidebook published by the Governor's Office of Planning and Research. Section 65850.7 requires the -76-
City to post the checklist on its website.

The City introduced for first reading the attached ordinance at the July 12, 2022 meeting.

Thences adopt such ly ordinance tocent an expectiod, seamined perimeter procese fal electric vehicle charging stations it is recommended Council adopt Ordinance No. 916-22.

ATTACHMENTS:

Ordinance No. 916-22
- 77-
ORDINANCE NO. 916-22

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF BLYTHE, CALIFORNIA, ADDING A NEW CHAPTER

15.64 (ELECTRIC VEHICLE CHARGING STATION
PERMITS) TO TITLE 15 (BUILDINGS AND

CONSTRUCTION) OF THE BLYTHE MUNICIPAL CODE
WHEREAS, the City of Blythe has the authority, under its police power, to enac egulations for the public peace, morals and welfare of the City; an WHEREAS, the State of California has consistently promoted and encouraged the use of fuel-efficient electric vehicles; and
WHEREAS, in 2015, the State of California adopted Assembly Bill ("AB") 1236, which requires local agencies to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging systems; and WHEREAS, AB 1236 also requires every city and county to administratively approve applications to install electric vehicle charging stations in an expedited and timely manner, and it prohibits cities and counties from denying an application for a use permit unless it makes certain written findings; and
WHEREAS, it is in the public health, safety and welfare of the residents and businesses of the City to provide an expedited, streamlined permitting process for electric vehicle charging stations to assure the effective deployment of electric vehicle charging stations technology, in accordance with AB 1236; and
WHEREAS, this Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines. The Ordinance has been found to be exempt pursuant to CEQA Guidelines Section 15061(b)(3) (General Rule) because the Ordinance will not have a significant effect on the environment; and WHEREAS, all legal requirements prior to the adoption of this Ordinance have occurred.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BLYTHE DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The City Council finds that all the recitals, facts, findings, and conclusions set forth above in the preamble of this Ordinance are true and correct.

SECTION 2. Amendment to Title 15. Title 15 (Buildings and Construction) of the Blythe Municipal Code is hereby amended to add a new Chapter 15.64 as follows:
-78-
Chapter 15.64 - ELECTRIC VEHICLE CHARGING STATION PERMITS.

15.64.010 - Purpose.

The purpose of this chapter is to promote and encourage the use of electric vehicles by creating charging stations.

15.64.020 - Definitions.

The following words, terms and phrases when used in this chapter shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

A. "Building Official" means the building official of the city or his or her designee. "Electronic submittal" means utilization of one or more of the following: electronic mail or email, the internet, or facsimile.

C. "Electric vehicle charging station" or "charging station" means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

D. "Feasible method to satisfactorily mitigate the specific, adverse impact" includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the city on another similarly situated application in a prior successful application for a E. "Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

15.64.030 - Expedited permitting process.

Consistent with California Government Code Section 65850.7, the building official shall implement an expedited, streamlined permitting process for electric vehicle charging stations und adopt a checklist of all requirements with which electric vehicle charging stations shal comply in order to be eligible for expedited review. The expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California: Community Readiness Guidebook" as published by the Governor's Office of Planning and Research. The city's adopted checklist shall be published on the city's website.

15.64.040 - Electric vehicle charging station requirements.

A. An electric vehicle charging station shall meet all applicable health and safety standards and requirements of local, state, and federal laws and regulations.

An electric vehicle charging station shall meet all applicable safety and performance tandards established by the California Electrical Code, the Society of Automotiv ingineers, the National Electrical Manufacturers Association, and accredited testin -79-
laboratories, including, but not limited to, Underwriters Laboratories, and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

C. Installation of electric vehicle charging stations shall be incorporated into the loac calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.

D. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer's installation instructions.

Mounting of charging stations shall not adversely affect building elements.

15.64.050 - Permit application processing.

A. Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes, but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking.

B. A permit application that satisfies the information requirements in the city's adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the building official that the permit application and supporting documents meet the requirements of the city's adopted checklist, and is consistent with all applicable laws and health and safety standards, the building official shall, consistent with California Government Code Section 65850.7, administratively approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the city.

C. If the building official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant within the time period established by California Government Code Section 65850.71, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

D. The building official shall not condition the approval for any electric vehicle charging station permit on the approval of such system by an association, as that term is defined by California Civil Code Section 4080.

E. Consistent with California Government Code Section 65850.7, the building official shall allow for electronic submittal of permit applications and associated supporting documentation. In accepting such permit applications, the building official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.

15.64.060 - Technical review.

A. Consistent with California Government Code Section 65850.7, it is the intent of this chapter to encourage the installation of electric vehicle charging stations by removing obstacles to, and minimizing costs of, permitting for charging stations so long as the action does not supersede the building official's authority to identify and address higher priority life-safety situations.
-80-
B. If the building official makes a finding, based on substantial evidence, that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety, the city may require the applicant to apply for a use permit. The building official shall not deny an application for a use permit to install an electric vehicle charging station unless he or she makes written findings based on substantial evidence in the record that:

1. The proposed installation would have a specific, adverse impact upon the public

2. There is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. Such findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact.

15.64.070 - Appeals.

The decisions of the building official set forth in this chapter may be appealed to the city council. An appeal shall be in writing and shall be filed with the city clerk within ten calendar days of the date of building official's decision. Appeals shall be accompanied by the fee required for the taking of such appeals, which fee shall be set by city council resolution.

15.64.080 - Fees.

The fees for permits issued under this chapter shall be as established by city council resolution.

SECTION 3. Environmental Compliance. The City Council hereby finds that it can be seen with certainty that there is no possibility the adoption and implementation of this Ordinance will have a significant effect on the environment. The Ordinance is therefore exempt from the environmental review requirements of the California Environmental Quality Act pursuant to Section 15061(b)(3) (General Rule) of Title 14 of the California Code of Regulations.

SECTION 4. Inconsistencies. Any provision of the Blythe Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.

SECTION 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Blythe hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.

SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after its final passage.

SECTION 7. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.
-81-
PASSED, APPROVED AND ADOPTED this 9th day of August, 2022, by the following called vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Dale Reynolds
Mayor
ATTEST:

Mallory Crecelius
City Clerk
APPROVED AS TO FORM:

Brittany E. Roberto
City Attorney
-82-
ТРИ 5 185

CITY OF BLYTHE
Blythe CITY COUNCIL MEETING

STAFF REPORT
MEETING DATE: August 9, 2022
SUBJECT: Ordinance Repealing and Replacing Chapter 8.28 of the Blythe Municipal Code Relating to Nuisances and Nuisance Abatement PRESENTED BY: Mallory Crecelius, Interim City Manager
PREPARED BY: Mallory Crecelius, Interim City Manager and Brittany Roberto, City Attorney
RECOMMENDATION: It is recommended the City Council adopt Ordinance No. 917-

22. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, REPEALING AND REPLACING CHAPTER 8.28 (NUISANCES) OF TITLE 8 (HEALTH AND SAFETY) OF THE BLYTHE MUNICIPAL

CODE RELATING TO PUBLIC NUISANCES AND NUISANCE ABATEMENT PROCEDURES FISCAL IMPACT: None.

BACKGROUND: Chapter 8.28 of the Blythe Municipal Code defines public nuisances and establishes the enforcement authority and procedures for abatement. Chapter 8.28 was adopted in 1977 and has not been amended since 1991.

STAFF REPORT: City staff and the City Attorney's Office have spent a considerable amount of time on the abatement of nuisance properties throughout the City. This has been a learning experience for staff and highlighted areas of the Blythe Municipal Code in need of an update.

The proposed ordinance will serve as another tool for staff to maintain the City in an orderly and aesthetically pleasing condition, and to improve the quality of life for its residents, businesses, and visitors.

While working with the City Attorney's Office on efforts to abate several abandoned and blighted properties in the City, it was discovered Chapter 8.28 of the Blythe Municipal Code relating to nuisances was extremely outdated. To better assist the City and Code Enforcement with the abatement of nuisance properties, it is recommended Council repeal and replace Chapter 8.28 of the Blythe Municipal Code.

The ordinance, as proposed, sets forth guidelines for determining what conditions constitute a public nuisance; establishes a method for giving notice of the conditions and an opportunity to correct; and, finally, in the event the public nuisance is not abated or corrected, provides a procedure for a hearing and determination of the facts and manner in which the conditions shall be corrected or removed.

Some of the nuisance conditions outlined in the proposed ordinance include: any building or structure left not secured, occupied or completely damaged or destroyed, any building or structure not properly maintained including peeling or patched paint, missing, broken or -83-
boarded up windows, roof or ceiling in disrepair and damaged fades or exterior stucco, any building or structure that is overcrowded in a manner that interferes with a neighboring resident's right to access their property, failure to secure and prevent public access to abandoned or vacant buildings, any fence, wall or gate installed without permits, or damaged, broken or dilapidated, broken or non-working emergency access gates, unmaintained landscaping including overgrown vegetation which harbors vermin, encroaches over or onto the public-right-of-way, dead and overgrown trees, offensive or nauseating smells, and abandoned trash, garbage, and refuse. Properties that are a fire hazard and properties that generate an unusually high number of calls for police, code enforcement and/or fire service due to illegal activity and/or public nuisance are also designated as public nuisances.

Pursuant to the proposed ordinance, once it is determined a public nuisance exists, the City will provide notice to the property owner of the alleged nuisance and instruct the owner to abate the nuisance. The notice will also provide notice of the date, time and place of a nuisance abatement hearing to be held before a neutral hearing officer. Should the owner fail to abate the nuisance, the nuisance abatement hearing would be held before the hearing officer. At the conclusion of the hearing, the hearing officer would issue a determination regarding whether a public nuisance exists. If a public nuisance is found to exist, the hearing officer would order the owner to abate the nuisance. If the owner fails to comply with the hearing officer's order, the City would be able to abate the nuisance, provided that the City complies with all provisions of the United States Constitution and all other applicable provisions of law. The ordinance provides that all costs associated with the abatement, starting at the time the City first receives a complaint about a problem at a property, are the responsibility of the owner and may result in a lien or special assessment upon the property.

At the July 12, 2022 meeting, staff presented the Ordinance and Council conducted the first reading. It is therefore recommended Council adopt Ordinance No. 917-22.

ATTACHMENTS:

1. Ordinance No. 917-22
-84-
ORDINANCE NO. 917-22

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF BLYTHE, CALIFORNIA, REPEALING AND
REPLACING CHAPTER 8.28 (NUISANCES) OF TITLE 8
(HEALTH AND SAFETY) OF THE BLYTHE MUNICIPAL

CODE RELATING TO PUBLIC NUISANCES AND

NUISANCE ABATEMENT PROCEDURES
WHEREAS, the City of Blythe has the authority, under its police power, to enact regulations for the public peace, morals and welfare of the City; and WHEREAS, the City Council of the City of Blythe finds that certain conditions constitute public nuisances and are a threat to the public peace, safety and welfare of the City; and
WHEREAS, the City of Blythe has an interest in maintaining the City of Blythe in an orderly and aesthetically pleasing condition, and to improve the quality of life for its residents, businesses, and visitors; and
WHEREAS, Sections 36901, 38771 and 38773.5(a) of the California Government Code authorize the City of Blythe to enact ordinances declaring what constitutes a nuisance, the procedures for abating nuisance conditions, providing for the recovery of costs and attorneys' fees to abate the nuisance and providing for the collection of civil penalties; and WHEREAS, this Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines. The Ordinance has been found to be exempt pursuant to CEQA Guidelines Section 15061(b)(3) (General Rule) because the Ordinance will not have a significant effect on the environment; and WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have occurred.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BLYTHE DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The City Council finds that all the recitals, facts, findings, and conclusions set forth above in the preamble of this Ordinance are true and correct.

SECTION 2. Amendment to Chapter 8.28 of Title 8. Chapter 8.28 (Nuisances) of Title 8 (Health and Safety) of the Blythe Municipal Code is hereby deleted in its entirety and replaced with the following:

Chapter 8.28 - ABATEMENT OF PUBLIC NUISANCES.

8.28.010 - Purpose and intent.

A. It is the intention of the city council, in adopting the provisions codified in this chapter, to set for meholi of ording mice a conditions and in opportbig to are to -85-
and, finally, in the event the public nuisance is not abated or corrected, to provide a procedure for a hearing and determination of the facts and manner in which the conditions shall be corrected or removed.

B. In order to further the stated goals of the city and to protect its citizens and their property from conditions which are offensive or annoying to the senses, detrimental to property values and community appearance, or hazardous or injurious to the health, satety, or welfare of the general public, the city council has determined that this chapter pertaining to nuisance abatement is necessary to effectively abate or prevent the development of such conditions in the city.

C. The remedies provided for in this chapter are supplemental and complementary to all

8.28.020 - Definitions.

The following words, terms and phrases when used in this chapter shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

A. "Abandoned" refers to buildings, structures, property or other items found to be unoccupied, unattended or left in a place or condition in which it is reasonably apparent or obvious that the owner has no intention of returning to occupy or claim it.

B. "Abate" means to remove the source of the public nuisance either by correcting specific problems or by removal from public or private property. "Abatement costs" means and includes all costs and expenses incurred by the city in abating a public nuisance. Such costs include, but are not limited to, the following: the actual expenses and costs to the city in the preparation of notices, specifications and contracts; inspection of the work; recording fees; any attorneys' fees expended in the abatement of the nuisance, through civil action or otherwise; all costs and expenses for which the city may be liable under state law arising from or related to the nuisance abatement action; and all costs or expenses to which the city may be entitled pursuant to state law. Abatement D.
officer after issuance of a notice to abate by an enforcement official.

E. "Applicable state code" means any law of the State of California which protects G.

H.

I.

J.
-86-
K. "Dilapidated" means any building, structure, fence, automobile, and the like in L.

M.
structure, automobile, furniture or equipment.
"Encroaches" means advancement beyond property boundaries.

0. "Enforcement official" means the city manager, the building official, the chief of police and any employee or agent of the city so designated by them and charged with enforcing the municipal code of the city, or applicable state code.

P. "Excavation" means a natural cavity, pouch or recess; the action or process of excavating formed by cutting, digging or scooping.
"Facade" means the decorated face or front of a building or structure.

R. "Field" means a wide open space of land.

S. "Fire hazard" means any situation in which there is a greater than normal risk of harm to people or property due to fire.

T. "Fire marshal" means the fire marshal of the city.

U. "Harbor" means to provide a place, home or habitat for rodents, vermin or farm animals.

V. "Hazardous" means a situation which poses a level of threat to life, health, property or environment.
"Hazardous liquid" means a liquid deemed to cause a hazard, exposing one to unsafe, dangerous conditions by skin or airborne exposure.

X. "Hazardous tree" means a tree in which the branches, trunk or other portion have grown into a position which has, or may have, the potential to become hazardous to people, pedestrians or other property.

Y. "Hearing officer" means the city manager or the person designated by the city manager charged with presiding over the nuisance abatement hearing and responsible for issuing orders to abate public nuisances and pay abatement costs. The hearing officer's role in the hearing is to be neutral.

Z. "Holiday lights and decorations" means lights or decorations used to denote a holiday or used in association with a holiday.

AA. "Homeowners' association" means an organization, elected or not, which governs regulations and expenditures of a particular community BB. "Illegal activity" means engaging in activities that are prohibited by law or statute, contrary to, or forbidden by official rules, regulations, accepted rules or CC. "Interested party" means the owner, legal occupant, or holder of a recorded interest of a property subject to a notice or order to abate.

DD. "Land" means the part of the earth that is not covered by water.

EE. "Lot" means a parcel of land having fixed boundaries.

FF.

GG.

HH. "Non-approved material" means a material utilized, but which is not approved by the city.

II. "Notice to abate" means notice provided by the city that a nuisance exists on a property and instructions to abate. Such notice is issued by an enforcement official upon determining the existence of a nuisance.
-87-
JJ. "Order" means the order to abate a public nuisance issued pursuant to this chapter.

KK. "Order to abate" means the order of the city to abate a nuisance.

LL. "Overgrown" means vegetation that has grown abnormally or excessively large.

MM. "Owner" means the owner of record of property.

NN.

O0.

PP.

RR.

SS.

TT.
right-of-way, or from public property, or on areas of private property open to access by the public or by consent of the person in possession of the property or by consent of an agent of that person.

UU. "Refuse" means unused or discarded matter/material having no substantial market value, including, but not limited to, rubbish, refuse, debris, sludge, rubble, asphalt, concrete, plaster, tile, rocks, bricks, soil, building materials, wood, crates, cartons, paper, containers, cans, bottles or barrels containing refuse or other matter, and plant or tree trimmings.

VV. "Tarpaulin" means a piece of cloth or other material used tor protecting or covering exposed objects or areas.

WW. "Terrain" means an area of land or the particular features of it.

XX. "Topped" means trees that have been cut leaving only the tree trunk or stump, or any other severe type of pruning which usually produces less desirable results than a more moderate pruning with respect to the tree's natural form and which is generally hazardous to the overall health and stability of the tree.

YY. "Vehicle" means a device by which any person or property may be propelled, moved, or drawn upon a highway, except for a device moved exclusively by human power or used exclusively upon stationary rails or tracks. For the purpose of this chapter, vehicle includes, but is not limited to, any bus, camper, golt cart, house car, motorcycle, motor truck, passenger vehicle, pickup truck, trailer and truck tractor.

ZZ. "Vermin" means any one of various common types of small insects or animals which cause harm and annoyance.

8.28.030 - Declaration of public nuisance.

It is unlawful and is hereby declared to be a public nuisance for any person, business, omeowners' association, corporation or entity owning, leasing, occupying, or having charg r possession of any land, parcel, building, structure or premises, in any location within th city, to maintain such premises in such a manner that any of the following conditions are found to exist, or cause or may cause a hazard to health, safety or general welfare:

A. Any violation of a federal, state, or local law or ordinance, land use plan, rule, regulation, and/or any code adopted by reference in this ode. -88-
B. Any property not maintained or used in a condition consistent with the approved plans or conditions.

C. Any land, terrain or configuration which interferes with the established drainage pattern over a property or from adjoining properties that may result in erosion and/or surface drainage problems that could be detrimental to the public health, safety, usability, or appearance to neighboring properties.

D. Any building or structure left not secured, not occupied, abandoned, partially or completely damaged or destroyed, or which is in a state of partial construction for an unreasonable period of time.

E. contray do the pro ions of econd, aled, expanded mainined or posed upon the building or structure.

F. Any building or structure not adequately maintained or which is deteriorated in any of the following ways:

1. Peeling, discolored or patch painted with colors that do not match on the exterior of the structure;

2. Missing, broken or boarded up windows;

3. Roof or ceiling in disrepair;

4. Damaged porch, balcony or stairways;

5. 6.

7. 8.

G.

H. Any building or structure that is overcrowded with persons such that i unreasonably interferes with a neighboring resident's right to access, use, o occupants.

I. Failure to secure and prevent public access to abandoned or vacant buildings, structures or portions thereof.

Any fence, wall or gate in any of the following conditions:

1. Installed without the proper permits;
Installed or maintained contrary with the conditions set forth in the approved plans or permits

3. Damaged, broken, dilapidated, unsightly or not adequately maintained

4. Patched or died by phat don, malah plasic, tarpaulin or non-

5. 6.

Broken or non-working emergency access gates or equipment.

K. Landscaping, vegetation, trees, vacant land, and parkways or any portion thereof, in public view, in any of the following conditions:

Lack of turf, planted material, decorative rock, bark, planted ground -89-
Lawn or grass in excess of eight inches in height or which is dead, decayed, diseased, or not adequately maintained;
Overgrown to a point which does, or has a potential to, harbor rats, vermin, excessive amounts of insects or other potential disease carriers; Obstructs vision of motorists or pedestrians or official traffic control devices;

5. Encroaches onto, over, or upon any public right-of-way, including, but not limited to streets, alleys or sidewalks;

6. Flowerbeds, planters, gardens and other decorative growing areas which contain overgrown, dead, decayed, diseased, or inadequately maintained flowers, bushes, hedges, ground coverings or vegetation; Flowerbeds, planters, gardens and other decorative growing areas which have become overrun with grass or weeds;
Trees, bushes, hedges, and other vegetation which have become overgrown to a point where the tree, bush, hedge or other vegetation substantially encroaches onto neighboring properties causing substantial interference with the neighboring resident's right to access, use or enjoyment of their property, or otherwise causes a hazard to Vacant land, fields or lots on which the vegetation is overgrown, or which contains or is likely to contain rats, vermin, trash, or illegal activity;

10. Vacant land, fields or lots which are maintained in a condition which is a fire hazard, unsightly, or likely to invite mischievous or illegal activity;

11. Trees which are dead, overgrown, not adequately maintained, or which have been declared hazardous or have been topped leaving only the tree trunk or tree stump, or have been declared to be hazardous by a certified arborist.

L. Offensive or nauseating odor or smell created by garbage, recycling or garbage containers, dead animals or other odor causing substances or materials.

M. Any of the following conditions on any property or portion thereof visible from

1. Lumber, trash, garbage, debris, refuse;
Hazardous swimming pools, spas, ponds, bodies of water or excavations;

4. Abandon, broken or oral cod gain or andra chichild fixtures.

6. Any type of item or material stored or kept on a rooftop, carport or patio cover;

7. Accumulation of litter, trash, boxes, or other items in front of doorways, on sidewalks, public walkways and other common areas used by the

8. Accumulation of litter, trash, boxes or other items in parking lots, planters and other landscaped areas;
Temporary service bins, dumpsters, or storage containers stored on a public street or on private property, except when associated with a -90-
permitted construction or remodeling project, stored in an approved trash enclosure, or completely stored out of public view;

10. scheduled trash day;

11. Commercial garbage or recycling bins stored outside the dumpster enclosure;

12. Accumulation of grease, oil or other hazardous liquids or materials on paved and unpaved surfaces, driveways, sidewalks, walkways or any

13. Tarpaulins or any non-approved screening materials used for any purpose other than in an emergency weather condition, or when attached

14. equipment, located or stored on any street, sidewalk or public right-of-

15. displayed in contor sis, ayards, days a structure, ex the fouay be are 5, and 14 days before or after the Fourth of July.

16. other than during operations conducted under a valid building, grading or demolition permit;

17. 18. Animal, fowl or bird feces kept in a visible location or in a conditio

19. N. Repairing, dismantling, or painting of any vehicle or motorized equipment

1. The repairing or dismantling is conducted in an enclosed garage where the vehicle or equipment is registered to and owned by a person permanently residing on the property;

2. The repairing or dismantling can be started and completed in less than

3. The painting is done in an approved paint booth or in accordance with the allowed uses in the California Fire Code. At no time can the painting be conducted in a residential district.

0. Repairing or dismantling of any vehicle or motorized equipment on vacant lots, residential, commercial or industrial parking lots, including those associate with auto repair or auto parts stores, or on any street or alley Any swimming pool, spa, pond, fountain or other body of water which is abandoned, unfiltered, polluted or not otherwise adequately maintained, or Q.
-91-
the issuance of a permit; except wood, charcoal, or those materials normally associated with and used inside of a barbeque, fire pit, wood burning stove or other similar device specifically made and designed for the burning of such materials.

R. Any property with dirty water, sewage or any other substance, including but not limited to, urine or other bodily matter, discolored water, contents of septic tanks, cesspools or privy vaults, which flows onto public or private property.

Any property, building or structure, wall, fence, pavement, or walkway which is painted in an unreasonably offensive or garish manner, or in bright, fluorescent, or luminescent colors, which is out of harmony or conformity with the standards of adjacent properties.

T. Maintenance of property in conditions that are detrimental to the public health, safety or general welfare or that constitutes a public nuisance as defined in California Civil Code sections 3479 and 3480, including, but not limited to, anything dangerous to human life or detrimental to human health, or that lacks azurate venilation, sanitation or plumbing facilities, or that constiutes a fine Any property that generates an unusually high number of calls for police, code enforcement and/or fire service due to illegal activity and/or public nuisance conditions, or where an unusual amount of criminal activity takes place as demonstrated by police calls and/or reports. An unusual number of calls for service, or an unusual amount of criminal activity, may be determined in part by comparing similar or neighboring properties in similar zones or within the same or a similar neighborhood within the city.

8.28.040 - Right of entry.

A. The enforcement official may use all lawful means to enter upon any property in the city for the purpose of inspecting the property for a public nuisance and/or for the removal of any public nuisance from the property. As used in this section, "lawful means" means consistent with the requirements of the United States Constitution, including, but not limited to, the Fourth Amendment, and all other applicable provisions of law
B. If a property owner or occupant refuses to allow the enforcement official entry upon the property for inspection or abatement of a public nuisance, the enforcement official shall request that the city attorney apply to a court of competent jurisdiction for a warrant authorizing the entrance upon such property to perform an inspection or abatement of such nuisance.

8.28.050 - Notice to abate to property owner.

Whenever an enforcement official determines a public nuisance exists as defined in this chapter, he or she shall notify the property owner and any interested party in writing of the existence of the alleged nuisance and direct that it be abated.

8.28.060 - Notice to abate - form and content.

The notification to the property owner and any interested party provided for in Section 8.28.050 of this chapter, hereafter referred to as a notice to abate, shall be headed 'NOTICE OF PUBLIC NUISANCE" in letters not less than one inch in height. The notice to abate shall, in legible -92-
characters, detail the violations and the conditions constituting a public nuisance and include he accessor's parcel number and street address, if any, of the property involved, and shal contain a description of the property in general terms reasonably sufficient to identify the ocation and extent of the nuisance. The notice shall further specify the date, time and place of a nuisance abatement hearing, which hearing shall be held at least ten calendar days from the date of issuance of the notice to abate. Other information, such as the owner's responsibility for administrative and incidental costs and expenses incurred in abating the nuisance, may be included in the notice to abate. This section shall not apply to Section 8.28.190 of this chapter concerning emergency abatement.

8.28.070 - Notices and orders to abate - method of service.

A. Notices and orders required by this chapter shall be personally served on the property owners). I personal service is not possible, service shall be made by both of the following methods:

1. By posting the notice in a conspicuous place on or in front of the property; and

2. By registered or certified mail addressed to the owners) or other person(s) in charge or control of the property at the address shown on the last equalized assessment roll. Service shall be complete at the time of deposit into the United States mail.

B. Failure of the owner or other person in charge of or control of the property to actually receive such notice or order shall not affect the validity of any proceedings under this chapter.

8.28.080 - Voluntary abatement of nuisance.

The owner of any building, structure, or property alleged to be a nuisance under the provisions of this chapter may abate the nuisance at any time prior to the date and time set for the nuisance abatement hearing. The owner shall advise the enforcement official of the abatement. Once advised, the enforcement official shall inspect the premises to ensure that the nuisance has been abated. If the enforcement official determines the nuisance has been abated, the nuisance abatement hearing shall be canceled.

8.28.090 - Nuisance abatement hearing.

A. At the date, time and place stated in the notice to abate, the hearing officer shall hear and consider all relevant evidence, objections, and/or protests, and shall receive testimony of owners, witnesses, city personnel, and interested persons relative to the alleged public nuisance and to any proposed abatement measures.

The hearing officer may continue the hearing from time to time.

The hearing shall be recorded by either a video or audio-recording device or transcribed by a court reporter. The hearing officer shall not be limited by the technical rules of evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in tself to support a finding unless it would be admissible over objection in a civ ction in a California court of competent jurisdiction. Any relevant evidenc shall be admitted if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission -93-
of such evidence over objection in a civil action. Oral evidence shall be taken only on oath or affirmation. Irrelevant and unduly repetitious evidence shall be excluded.

8.28.100 - Nuisance abatement hearing - hearing officer determination.

The hearing officer shall issue a written decision within five business days of the close of the nuisance abatement hearing. If the hearing officer finds a public nuisance exists, the notice of decision shall set forth the nature of the nuisance and shall order the owner or responsible party to abate the nuisance.

A.

B. As applicable to the particular nuisance found to exist, the order shall specifically direct the owner or responsible party to abate the nuisance by rehabilitation, repair, or demolition in a lawful manner. The order may set forth a particular manner in which the nuisance must be abated.

The order shall set forth time within which the work shall be commenced and completed. This time period shall not be longer than thirty calendar days unless otherwise specified in the order upon finding that the nuisance presents unusual circumstances which cannot be timely abated within a thirty-day time period.

The order shall state if the nuisance is not abated, it will be removed and abated by the city. The order shall state that the costs and expenses of removal and abatement by the city, including any incidental costs and expenses, together with the prime interest rate plus one percent of the entire amount owing, will be assessed and result in a lien or special assessment upon the property until paid.

E. The order shall inform the owner of their right to appeal the decision and order pursuant to this chapter.

8.28.110 - Order to abate a public nuisance - method of service.

The hearing officer's decision and order shall be served in accordance with Section 8.28.070 of this chapter.

8.28.120 - Voluntary abatement after order to abate a public nuisance.

The property owner may, at his or her own expense, remove and abate the nuisance as prescribed by the hearing officer's order prior to the expiration of the abatement period set forth in the order. If the property has been inspected by the enforcement official and the nuisance has been abated in accordance with the order to abate, the enforcement official shall not remove or abate the nuisance, but may schedule a hearing with the hearing officer to determine the administrative and incidental costs and expenses incurred in abating the public nuisance.

8.28.130 - Abatement of public nuisance by city.

If a declared nuisance is not completely abated within the time prescribed in the hearing officer's order to abate a public nuisance and the time for filing an appeal has expired, the -94-
enforcement official is authorized and directed to abate the nuisance by city forces or private contract in accordance with the United States Constitution and all other applicable provisions of law. The enforcement official is also expressly authorized to enter upon the premises for the purpose of removing and abating the nuisance in accordance with the requirements of Section

8.28.040 of this chapter, provided that such entry, removal and/or abatement is in compliance with the requirements the United States Constitution and all other applicable provisions of law.

8.28.140 - Abatement costs - accounting.

A. The enforcement official shall keep an account of the costs and expenses of removing and abating a nuisance, including incidental expenses, for each separate lot or parcel of land on which a nuisance has been found to exist.

B. As used in this chapter, the term "incidental expenses" shall include, but not work, attorneys' fees, and any other expenses incidental to the completion and inspection of the abatement work.

8.28.150 - Abatement costs - report and notice of hearing.

A. Within a reasonable time after a nuisance has been abated, whether by the owner or responsible party or by the city, the enforcement official shall prepare an itemized report showing all expenses and costs of removing and abating the nuisance, including incidental expenses. Such report shall refer to each separate lot or parcel of land by descriptions sufficient to identify such lot or parcel together with the expenses proposed to be assessed against each separate lot or parcel of land therefor, respectively. The enforcement official shall submit the report to the hearing officer and shall set the same for a hearing before the hearing officer.

B. The enforcement official shall issue a notice of hearing, which shall be headed in letters not less than one inch in height as follows: "NOTICE OF COSTS OF ABATEMENT AND HEARING." The notice shall include the date, time and place of the hearing and shall be served on the property owner and any other interested party in accordance with Section 8.28.070 of this chapter at least ten calendar days prior to the date set for the hearing. The notice shall also include a copy of the report showing all costs and expenses of removing and abating the nuisance, including incidental expenses.

8.28.160 - Abatement costs - hearing.

A. At the time, date and place set for the hearing on the costs of abatement, the hearing officer shall conduct a hearing on the report. The owner of the property, Lon conclusion of the hearing, the hearing officer shall make such revisions, corrections or modifications to the report as the hearing officer deems just and -95-
appropriate, after which the report shall be confirmed as submitted, or as revised, corrected or modified. The hearing on the costs of the abatement may be continued from time to time.

C. Within five business days after the conclusion of the hearing, the hearing officer shall issue an order confirming the costs of abatement and assessing the costs of abatement as a special assessment against the property. Such order shall provide that the property owner shall pay the costs of abatement within thirty calendar days or a notice of special assessment will be filed with the county auditor. The order shall also inform the owner of their right to appeal the order pursuant to this chapter. The order, together with a copy of the report confirming the costs of abatement, shall be served on property owner in accordance with Section 8.28.070 of this chapter. The hearing officer's order shall be final unless appealed in the time and manner set forth in this chapter.

8.28.170 - Collection of costs - special assessment.

If the property owner fails to pay the costs of abatement within thirty calendar days of the date of the hearing officer's order confirming the costs of abatement, or the final disposition of an appeal therefrom, such costs shall be assessed Gainst men arcel of land pursuant to Section 38773.5 of the California The enforcement official shall prepare a notice of special assessment and assement shal incident py orse hearing officer order or ipecia he costs of abatemen

2. The notice shall be given at the time of imposing the assessment and shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments.

4. The enforcement official may also record of copy of the notice of special assessment with the county recorder.

B. As authorized by Section 38773.5 of the California Government Code, the assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment.

C. As authorized by Section 38773.7 of the California Government Code, upon the entry of a second or subsequent civil or criminal judgment within a two-year period that finds an owner of property responsible for a condition that may be abated pursuant to this chapter, the responsible party may be ordered to pay treble the costs of the abatement. These costs shall not include costs incurred abating conditions pursuant to Section 17980 of the California Health and Safety Code.
-96-

8.28.180 - Appeal procedures.

Appeals pursuant to this chapter shall be heard by the city council. The owner or any interested party may appeal the hearing officer's decisions and orders issued pursuant to this chapter.

A. An appeal shall be filed with the city clerk within ten calendar days following service of the hearing officer's decision and order or order confirming the costs of abatement. The appeal shall be in writing and shall state the grounds for the appeal. The appeal shall be accompanied by the fee required for the taking of any such appeal, which fee shall be set by city council resolution. The city council shall have the discretion to refund the fee in whole or in part if the owner or interested party demonstrates that no public nuisance existed at the time the hearing officer's order to abate was issued.

B. The city clerk shall set the matter for a de novo hearing before the city council at a date and time not less than ten days nor more than forty-five days from the date of the filing of the appeal. The city clerk shall notity the appellant and such other persons as may be deemed appropriate by the city clerk of the date and time of the hearing on the appeal. The city council may, in its discretion, continue the hearing date for good cause.

C. At the time and place set for the appeal, the city council shall hold a de novo hearing and shall afford the appellant and other interested parties a reasonable opportunity to be heard in connection therewith.

D. To allow appellants the opportunity to fully present their arguments, the formal rules of evidence shall not apply and all relevant evidence may be considered.

However, the city council shall have the discretion to exclude irrelevant evidence, i.e., evidence that does not pertain to the issue(s) on appeal. The city council shall also have the discretion to exclude evidence it deems needlessly repetitive.

E. At the conclusion of the hearing, the city council may atfirm, reverse or modify, in whole or in part, the order to abate or the order confirming the costs of abatement. The city council's decision shall be final and shall be served on the owner and any other interested party within five business days of the appeal hearing in accordance with Section 8.28.070 of this chapter.

8.28.190 - Emergency abatement.

A. Notwithstanding any other provisions of this chapter, whenever the city manager determines that a public nuisance, as defined in this chapter or in any other applicable law, constitutes an immediate hazard, threat of harm or danger to persons or property, he or she may, without observing the provisions of this chapter relating to notice and hearing prior to abatement, immediately and forthwith cause the summary abatement of such public nuisance in such manner as the city manager determines is reasonably required. The city manager shall consult with the city attorney prior to causing such summary abatement.

B. The summary abatement procedure authorized by this section shall be used only in circumstances in which there is an imminent hazard, threat of harm or danger to persons or property.

C. Any abatement pursuant to this section shall be limited to the actions necessary to neutralize the immediate hazard, threat or danger only and shall comply with the requirements of the United States Constitution.
-97-
D. Within ten business days following the summary abatement authorized by this section, the enforcement official shall serve the owner and any interested party with notice of the summary abatement. The notice shall provide that a post- abatement hearing will be provided to the owner and any interested party upon request. Such notice shall be served in accordance with Section 8.28.070 of this chapter.

8.28.200 - Violations.

Any person, whether the owner and/or other legally responsible party who causes, permits or naintains any nuisance condition to exist on any property, place or area within the city, shal e deemed guilty of a misdemeanor and upon conviction shall be punishable as provided i chapter 1.24 of this code.

8.28.210 - Alternative remedies.

A. The procedure for abatement set forth in this chapter is an alternative procedure to any other procedure permitted by state or local law and shall neither prohibit the use of any other lawful abatement procedure nor be deemed to prevent the city council from ordering the commencement of any civil action to abate a nuisance as an alternative to or in conjunction with the proceedings set forth in this chapter. In addition thereto, any nuisance that is defined as a misdemeanor by any provision of this chapter or this code may be abated by criminal prosecution.

B. The prevailing party in any action, administrative proceeding, or special proceeding to abate a nuisance pursuant to this chapter shall be entitled to its reasonable attorneys' fees if the city elected to seek recovery of its own attorneys' fees at the initiation of the action, administrative proceeding, or special proceeding.

C. Notwithstanding any other provision of this chapter, the costs of abatement, including incidental expenses, as confirmed either by the hearing officer or the city council after appeal, may be assessed against the owner (s) of the property subject to abatement as a debt personal to the owners) and as a lien on the property. In the event the hearing officer or the city council assesses the costs of abatement against the owners) personally, the assessment shall be due and payable within thirty calendar days after service thereof. In the event such assessment is not paid with thirty calendar days, the city may commence any legal proceeding available to it including, but not limited to, suit in small claims court, municipal court or superior court to recover the costs of abatement, or may permit the lien to be assessed against the property, or both. Any determination as to the method of collection shall not operate or be construed as an election of remedies.

SECTION 3. Environmental Compliance. The City Council hereby finds that it can be seen with certainty that there is no possibility the adoption and implementation of this Ordinance will have a significant effect on the environment. The Ordinance is therefore exempt from the environmental review requirements of the California Environmental Quality Act pursuant to Section 15061(b)(3) (General Rule) of Title 14 of the California Code of Regulations.
-98-
SECTION 4. Inconsistencies. Any provision of the Blythe Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.

SECTION 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Blythe hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.

SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after its final passage.

SECTION 7. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by PASSED, APPROVED AND ADOPTED this 9th day of August 2022, by the following called vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Dale Reynolds
Mayor
ATTEST:

Mallory Crecelius
City Clerk
APPROVED AS TO FORM:

Brittany E. Roberto
City Attorney
-99-
PUBLIC

HEARING
-100-

TORIN TIRE CITY OF BLYTHE
Blythe CITY COUNCIL MEETING

STAFF REPORT
MEETING DATE: August 9, 2022
SUBJECT: Certification of Environmental Impact Report (EIR) for the Edelweiss Sustainable Farms Project
PRESENTED BY: Mallory Crecelius, Interim City Manager
PREPARED BY: Mallory Crecelius, Interim City Manager
RECOMMENDATION: It is recommended Council, subsequent to the Public Hearing, adopt Resolution No. 2022-026 certifying an Environmental Impact Report, adopting and making certain findings relating to the Edelweiss Sustainable Farms Project located south of Hobsonway, north of Interstate 10, west of Lovekin Boulevard and east of Defrain Boulevard in the City of Blythe; direct staff to file the Notice of Determination for the project and adopt Resolution No. 2022-027 approving the Site Plan for the proposed project.

FISCAL IMPACT: None.

BACKGROUND: In April 2021 Edelweiss Sustainable Farms, LLC filed an application to develop a Cannabis Cultivation Facility. The project would be developed on approximately 34 acres (APN 836-100-007) located in western Blythe, north of Interstate 10. The project proposes the development of 12 buildings and associated infrastructure (stormwater retention, driveways, parking, landscaping, a primary gated access point, two emergency access points, and perimeter fencing). The net building square footage for the Project will be 450,594 square feet. The Project also proposes approximately 1,200 linear feet of 8-inch PVC sewer pipes to be placed underground along Hobsonway to connect to existing City services. All cannabis processing activities will take place within individual units, including planting, curing, trimming and packaging, and shipping.

In November 2021, the City entered into a Memorandum of Understanding with MSA Consulting for preparation and handling of an Environmental Impact Report ("EIR") for the Proposed Project to satisfy requirements of the California Environmental Quality Act ("CEQA").

At the Applicant's expense, the City also retained its Environmental Consultant, Dr. Jeff Harvey of Harvey Consulting Group, to coordinate with MSA and represent the City's interests and requirements throughout development of the Draft and Final EIR documents. A Notice of Preparation "NOP" for the Draft EIR and the Initial Study was timely distributed and the public comment period on the NOP was November 2, 2021 to December 2, 2021. Tribal consultation letters were also sent on October 22, 2021 to each of the Tribes that have requested to be notified by the City and on a list of Native American Tribes provided by the Native American Heritage Council. No Tribes requested consultation or expressed any concerns about the proposed project.

The Draft EIR was made available for a 45-day public review period from May 18, 2022 through July 5, 2022. The Notice of Availability "NOA" was sent to a list of interested persons, agencies -101-
and organizations, adjacent property owners and to anyone who had requested the notice. The Notice of Completion was sent to the State Clearinghouse in Sacramento for distribution to public agencies. The Draft EIR was made available on the City's website with physical copies made available at City Hall and the Palo Verde District Library.

The City received and reviewed comments on the Draft EIR from the California Department of Fish and Wildlife ("CDFW") and the California Department of Cannabis Control ("DCC") and prepared responses to those comments which are incorporated into the Final EIR. The Responses to Comments and Final EIR were made available to CDFW and DCC and the public on July 29, 2022.

The project site has been in agricultural production since at least 1948. Records obtained from the Riverside County Agricultural Commissioner's Office indicated that recent onsite crops were either cotton or alfalfa. The property is designated in the City's General Plan and zoning code as "General Commercial", which allows for commercial cannabis operations.

STAFF REPORT:

Environmental Review:

The City is required to evaluate potential environmental effects of the project under CEQA. The Environmental Impact Report prepared for the Edelweiss Sustainable Farms Project meets the requirements of the CEQA Statute and CEQA Guidelines. In preparation of the Environmental Impact Report, the City's staff and consultant independently reviewed, evaluated and exercised judgement on the Project and the Project's environmental effects.

Potentially significant impacts were identified in the following resource areas: Aesthetics, Air Quality, Biological Resources, Cultural Resources, Energy, Geology and Soils, Green House Gas Emissions, Hazards and Hazardous Materials, Hydrology and Water Quality, Public Services, Transportation, Tribal Cultural Resources and Utilities. Mitigation measures have been designed and are included in the EIR to reduce all identified potential adverse impacts to a level of less than significant. The Mitigation Monitoring and Reporting Program may be found as Exhibit B of Resolution No. 2022-026.

Findings:

CEQA Findings regarding the impact assessment and Final EIR are found as Exhibit A of this Resolution No. 2022-026.

Staff Recommendation:

MSA Consulting along with the consultation and oversight from the City's Environmental Consultant Dr. Jeff Harvey prepared a very thorough and comprehensive Draft EIR and Final EIR. The City has reviewed the EIR and affirms that it represents the City's independent judgement regarding potential effects of the Project. Therefore, it is recommended Council Certify the Final Environmental Impact Report, approve the Site Plan and direct staff to file the Notice of Determination for the Edelweiss Sustainable Farms Project.

ATTACHMENTS:

Resolution No. 2022-026
Exhibit A - Findings
Exhibit B - Mitigation Monitoring and Reporting Program

2. Notice of Determination

3. Resolution No. 2022-027
Exhibit A - Site Plan
-102-
RESOLUTION NO. 2022-026

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE,

CALIFORNIA CERTIFYING AN ENVIRONMENTAL IMPACT REPORT,

ADOPTING AND MAKING CEQA FINDINGS RELATING TO THE

EDELWEISS SUSTAINABLE FARMS PROJECT LOCATED SOUTH OF
HOBSONWAY, NORTH OF INTERSTATE 10, WEST OF LOVEKIN
BOULEVARD AND EAST OF DEFRAIN BOULEVARD.

WHEREAS, in April 2021, Edelweiss Sustainable Farms filed an application to develop a Cannabis Cultivation Facility on approximately 34 acres of land located south of Hobsonway, between Defrain Boulevard and Lovekin Boulevard APN# 836-100-007 (the "Proposed Project"); and
WHEREAS, the project site is designated in the City's General Plan and zoning as General Commercial (C-G) which allows for commercial cannabis development; and WHEREAS, on August 9, 2022, the City Council of the City of Blythe held a duly noticed hearing on the Project at which time it considered all evidence presented, both oral and written.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BLYTHE DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. CEQA Procedures. The City Council of the City of Blythe does hereby find as follows:

A. In November 2021, the City entered into a Memorandum of Understanding with MSA Consulting for preparation and handling of an Environmental Impact Report ("EIR") for the Proposed Project to satisfy requirements of the California Environmental Quality Act ("CEQA").

B. A Notice of Preparation ("NOP"') for the Draft EIR and the Initial Study ('S") was timely distributed and the public comment period on the NOP was November 2, 2021, to December 2, 2021.

C. The Draft EIR was made available for a 45-day public review period from May 18, 2022 through July 5, 2022. The Notice of Availability ("NOA") was sent to a list of interested persons, agencies and organizations, adjacent property owners, and to anyone who had requested notice. The Notice of Completion was sent to the State Clearinghouse in Sacramento for distribution to public agencies. The DEIR and all supporting appendices were made available on the City's website with directions to contact staff if help was needed in accessing the document. Physical copies were made available for public review at City Hall and the Palo Verde Valley District Library. 1 -103-
D. Prior to the release of the DEIR and in accordance with SB 18 and AB 52, the City sent notices to the list of Native American Tribes provided by the Native American Heritage Council. No tribes requested consultation.

E. The City received and reviewed comments on the Draft EIR and prepared responses to those comments which are incorporated into the Final EIR. The Final EIR consists of the Draft EIR and all supporting Appendices thereto and that separate document dated July 2021, incorporating the written comments and responses thereto.

Minor changes to the Draft EIR made in response to comments received were noted in an errata section of Chapter 3 of the Final EIR.

Responses were sent to the public agencies that commented on the DEIR and the Final EIR was made available for public review on July 29, 2022.

G. The City has complied with all procedural requirements relating to CEQA and other requirements of law. The City Council finds that the Final EIR is adequate and complete and complies with all CEQA requirements.

H. In certifying the Final EIR, adopting the Findings and adopting the Mitigation Monitoring and Reporting Program for the Project, the City Council has exercised its independent judgement and analysis. The City Council has reviewed and considered the Final EIR, agenda reports, written reports, public testimony, and other information in the record.

SECTION 2. CEQA Requirements.

A. The California Environmental Quality Act ("CEQA") (Pub. Res. Code Sections 21000, et seq.), the State CEQA Guidelines (the • "CEQA Guidelines") (14 Cal. Code Regulations Sections 15000, et seq.) require that the environmental impacts of a project be examined before a project is approved. Specifically, regarding findings, Public Resources Code Section 21081 provides that:
"...no public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant effects on the environment that would occur if the project is approved or carried out unless both of the following occur:
(a) The public agency makes one or more of the following findings with respect to each significant effect:

1. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment.

2. Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency.

3. Specific economic, legal, social, technological, or other 2 -104-
considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report.
(b) With respect to significant effects which were subject to a finding under paragraph (3) of subdivision (a), the public agency finds that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment." B. In addition, CEQA requires a public agency to make a finding that the environmental impact report (EIR) reflects the public agency's independent review and judgment. Having received, reviewed, and considered the Edelweiss Sustainable Farms Project EIR (State Clearinghouse No. 2021120031), as well as all other information in the record of proceedings on this matter, the Findings of Fact included herein are hereby adopted by the City Council in its capacity as the CEQA Lead Agency. These Findings set forth the environmental basis for current and subsequent discretionary actions to be undertaken by the City and responsible agencies for the implementation of the Edelweiss Sustainable Farms Project.

SECTION 3. Certification of the EIR
A. The EIR comprises a project-level analysis. The Draft EIR assesses the potential environmental effects of implementation of the Proposed Project, identifies means to eliminate or reduce potential adverse impacts, and evaluates a reasonable range of alternatives. The Final EIR includes comments on the Draft EIR; written responses to the environmental issues raised in those comments; and revisions to the text of the Draft EIR reflecting changes made in response to comments and other information.

This document incorporates the Draft EIR by reference and comprises the Final EIR for the project. The EIR is hereby incorporated in this document by reference.

B. The City of Blythe City Council ("City Council) hereby certifies the EIR, based on the following findings and determinations:

1. That it has been presented with the EIR, and that it has reviewed and considered the information contained in the EIR as well as all oral and written comments on the EIR, prior to making the following recommendations regarding certification and the recommended findings in Section II, and the approvals in Section III, below;

2. That, pursuant to CEQA Guidelines Section 15090 (Title 14 of the California Code of Regulations, Section 15090), the Final EIR has been completed in compliance with the CEQA; and

3. That the EIR reflects its independent judgment and analysis. 3 -105-
C. The City Council finds and determines that the Final EIR provides adequate, good faith, and reasoned responses to all comments regarding significant environmental issues.

D. In accordance with CEQA and the CEQA Guidelines, the City Council makes the additional findings set forth below as well.

SECTION 4. Absence of Significant New Information.

The City Council recognizes that the Final EIR contains additions, corrections, clarifications, modifications, and other changes. With respect to this information, the City Council makes the following findings:

Based on the foregoing and having reviewed the information contained in the Final EIR and in the administrative record, including the Draft EIR, and the above-described information, the City Council finds that no significant new information has been added to the Final EIR since public notice was given of the availability of the Draft EIR that would require recirculation of the Draft EIR.

Section 5. CEQA Findings Regarding Impact
A. The City Council adopts the Findings set forth in Exhibit A as its findings regarding the Project's environmental impacts before and after mitigation as required by CEQA (PRC §21081 and CEQA Guidelines §15091). In making these findings, the City Council ratifies, adopts, and incorporates the analysis and explanation in the EIR, and ratifies, adopts, and incorporates in these findings the determinations and conclusions of the EIR relating to environmental impacts and mitigation measures, except to the extent any such determinations and conclusions are specifically and expressly modified by these findings.

B. The City Council adopts, and incorporates as conditions of approval of the Project, the mitigation measures to reduce or avoid the potentially significant and significant impacts of the Proposed Project, as well as certain less than significant impacts.
4 -106-
SECTION 6. Adoption of Mitigation Monitoring and Reporting Program. The City Council hereby adopts the Mitigation Monitoring and Reporting Program (MMRP) attached hereto as Exhibit B. Each and every Mitigation Measure set forth in the EIR is hereby incorporated as a condition of approval and shall be considered part of the MMRP, regardless of whether the same is actually included in Exhibit B or the conditions of approval. In addition, in the event the language describing a mitigation measure set forth in Exhibit B fails to accurately reflect the mitigation measures in the EIR due to a clerical error, the language of the mitigation measure as set forth in the EIR shall control, unless the language of the mitigation measure has been specifically and expressly modified by these findings.

SECTION 7. Custodian of Record. Each and every one of the findings and determinations in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Project.

All summaries of information in the findings which precede this section are based on the entire record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact. The documents and materials that constitute the record of proceedings on which these findings and approval are based are located in the Development Services Department at City Hall, 235, N. Broadway Blythe, CA.

SECTION 8. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional.

SECTION 9. Certification. The City Clerk shall certify the passage of this resolution.

SECTION 10, Effective Date. This Resolution shall be effective immediately.

SECTION 11. The Mayor shall sign and the City Clerk shall attest to the passage of this Resolution.
5 -107-
PASSED, APPROVED AND ADOPTED this gi day of August, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Dale Reynolds, Mayor
ATTEST:

Mallory Crecelius, City Clerk
6 -108-
EXHIBIT A of Resolution No. 2022-026

CEQA FINDINGS

OF THE CITY COUNCIL

FOR THE CITY OF BLYTHE
for the

EDELWEISS SUSTAINABLE FARMS PROJECT
August 9, 2022
-109-

FINDINGS REQUIRED UNDER

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(Public Resources Code Section 21000 et seq.)

TABLE OF CONTENTS
I. INTRODUCTION.

Project Description 4
Project Components 5
Proiect Construction. 7
Project Implementation.. 7
Responsible Agencies 7
Project Objectives.... 8

INDINGS REGARDING POTENTIALLY SIGNIFICANT IMPACTS WHICH ARE

VOIDED OR MITIGATED TO A LESS THAN SIGNIFICANT LEVEI
Air Quality 9
9 umulatively considerable net increase of any criteria pollutan Create Objectionable Odor .11
Biological Resources .12
Candidate, sensitive or special status species .12
Riparian Habitat ..17
Movement of Wildlife. .19
Geology and Soils
Strong Seismic-Related Ground Shaking...

Seismic-Related Ground Failure, including Liquefaction
Soil Erosion or Loss of Top Soil..

Located on an Unstable Geologic Unit.

Located on Expansive Soil..

Impacts to a Unique Paleontological Resource, Site or Geologic Feature …..41 Hazards and Hazardous Materials .43
Transport, Use, or Disposal of Hazardous Material, Including Accidental Release.. 43
Sites with Known Hazardous Materials Pursuant to
Government Code Section 65962.5 .47
Effect on an Emergency Response Plan .49
Iydrology and Water Quality .50
Compliance with Water Quality Standards or Waste Discharg .50 i
-110-
III. FINDINGS REGARDING IMPACTS DETERMINED TO BE LESS THAN

SIGNIFICANT
Aesthetics.. .53
Effects on Scenic Vistas 53
Impact Scenic Resources within a State Scenic Highway Corridor..... .56 Effects to the Visual Character or Quality of the Site .56 .58
Air Quality. .61
Consistency with implementation of applicable air quality plans and Standards .61
Expose Sensitive Receptors to Substantial
Pollutant Concentrations. ..62
Biological Resources. .63
Consistency with Local Policies and Ordinances Protecting Biological Resources 63
Cultural Resources 64
Impacts to Historical Resources. 64
Impacts to Archaeological Resources.. ...65
Impacts to Human Remains 65
66 Consumption of Energy Resources.... 68
Consistency with a State or Local Plan for Renewable Energy or Energy Efficiency 69
Cumulative Impacts to Energy Resources. .70
Geology and Soils .70
Expose People or Structures to Effects Involving Slope Instability, Including Landslides .70
Greenhouse Gas Emissions... 71
GHG Emissions that may Significantly Impact the Environment. .71 Consistency with Applicable Plan, Policy or Regulation. .72 Cumulative Impacts of Greenhouse Gas Emissions.. 72
Hydrology and Water Quality. .72
Effect on Groundwater Supplies or Interference with
Groundwater Recharge. .72
Potential Impacts from Alteration of Existing Drainage Patterns ..73 Release of Pollutants Due to Inundation by Flooding, Seiche, or Tsunami. .76
Consistency with Water Quality Control Plan or Sustainable Groundwater Management Plan... .76
Cumulative Impacts to Hydrology and Water Quality .77
ii
-111-
Noise ..78
Consistency with Established Noise Standards/Increase
Ambient Noise Levels.. .78
Generation of Ground Borne Vibration ..79
Cumulative Noise Impacts. 80
Public Services. 81
Fire Protection Services .81
Police Protection 82
Cumulative Impacts to Public Services .84
Transportation.. ..84
Consistency with an Applicable Plan or Policy Addressing the Circulation System.. 84
Consistency with CEQA Guidelines Section 15064.3(b)[VMT] .87 Effect of a Geometric Design Features. .87
Emergency Access. 88
Cumulative Transportation Impacts.. 89
Tribal Cultural Resources 89
Impacts to Significant Tribal Cultural Resources.. .89
Utilities and Service Systems ...91
Require or Result in Construction of New or Expanded Facilities for Water, 1 Wastewater, Drainage or Utilities..

Sufficiency of Water Supplies ... ..93
Wastewater Treatment System Capacity 95
Generate Excess Solid Waste.. 95
Comply with Statues and Regulations Related to Solid Waste 97 Cumulative Impacts to Utilities and Service Systems.. 98 IV. FINDINGS REGARDING ENVIRONMENTAL EFFECTS HAVING NO
IMPACT .99
Biological Resources. 99
State or Federally Protected Wetlands 99
Adopted Habitat Preservation 100
Geology and Soils. 100
Effects Involving Rupture from Known Fault.

Support of Septic Tanks or Alternative Wastewater Disposal Systems Hazards and Hazardous Materials 100
Hazardous Materials within ¼ Mile of a School.... 100
Safety Hazard or Excessive Noise within Two Miles of an Airport 100 Risk of Wildland Fires 101
iii
-112-
Noise .101
Excessive Noise Levels Due to Proximity to an Airport or Air Strip. 101 Public Services. 101
Impacts on Schools, Parks, Other Public Facilities .... .101 Effects Having No Impact and Not Analyzed Further in Draft EIR 102 V. FINDINGS REGARDING ALTERNATIVES ANALYZED .102
Alternative 1: No Project .103
Alternative 2: Reduced Density Project..

Alternative 3: Cannabis Development/Leased Building..

Alternative 4: General Commercial General Plan and Zoning Development.

Additional Findings Regarding the Environmentally Superior Alternative VI. FINDINGS REGARDING CERTIFICATION OF FINAL ERR................107 -113-
Final EIR SCH No. 2021120031
The City of Blythe (City) has prepared an Environmental Impact Report (EIR) for the proposed Edelweiss Sustainable Farms project in compliance with the California Environmental Quality Act (CEOA; Public Resources Code Section 21000 et seg.) and the State CEQA Guidelines (14 California Code of Regulations Section 15000 et seg. as amended).

I. INTRODUCTION
The Applicant, Edelweiss Sustainable Farms, proposes several applications leading to the development of a cannabis facility, consisting of twelve buildings and associated infrastructure (retention, driveways, parking, landscaping, a primary gated access point, two emergency access points, and perimeter fencing). The project area encompasses approximately 34 acres and the iltimate build-out includes one 46,132-square-foot, two-story building; two 46,848-square-foot one-story buildings; and nine 43,776-square-foot, one-story buildings for the cultivation and manufacturing of cannabis. The applicant is requesting approval of a Site Plan as the City entitlement.

The City issued a Notice of Preparation (NOP) to prepare a Draft EIR for a 30-day review period between December 14, 2021, and January 14, 2022. The NOP included an evaluation of the environmental topics that will and will not be analyzed within the Draft EIR. The evaluation was prepared using Appendix G, Environmental Checklist Form, in the California Environmental Quality Act (CEQA) Guidelines.

The NOP was sent to the State Clearinghouse and to all responsible and trustee agencies, and to interested parties. Issues raised by agencies and the public in response to the NOP were considered in the preparation of the Draft EIR. The NOP and comments received are contained in Appendix A of the EIR.

Based on the City's preliminary review and the responses to the NOP, the City found that the Project could have potentially significant environmental effects, including effects on the following:

Aesthetics, Air Quality, Biological Resources, Cultural Resources, Energy, Geology and Soils, and determined that an environmental impact report should be prepared.

The Draft EIR was prepared and circulated for a 45-day public review period from May 18, 2022 to July 5, 2022. The Final EIR for the Project consists of the Draft EIR, revisions to the Draft EIR, a list of persons, organizations, and public agencies commenting on the Draft EIR, comments received on the Draft EIR, and responses to those comments. A copy of the Final EIR was made avallable for public review and provided to all parties commenting on the Draft EIR at least 10 days prior to certification.

The Final EIR evaluated potential effects for the following environmental areas: Aesthetics, Air Quality, Biological Resources, Cultural Resources, Energy, Geology and Soils, Greenhouse Gas 1 -114-
Emissions, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, Public Services, Transportation, Tribal Cultural Resources, and Utilities and Service Systems.

The Final EIR identified potentially significant environmental effects related to Air Quality (construction-source and operational-source emissions, objectionable odors), Biological Resources (sensitive species, sensitive habitat, wildlife movement); Geology and Soils (seismic- related ground shaking and failure, soil erosion, location on unstable unit and expansive soil, destruction of unique resources), Hazards and Hazardous Materials (transport, use, or disposal including accidental release, site with known hazardous materials, elect on an emergency plan), Hydrology and Water Quality (compliance with water quality standards or waste discharge requirements). The Final EIR determined that the potentially significant environmental impacts have been reduced to less than significant levels with implementation of the mitigation measures and adoption of the Mitigation Monitoring and Reporting Program (MMRP) designed to ensure compliance with mitigation measures throughout implementation of the project.

The Final EIR identified no impact related to Agriculture and Forest Resources, Land Use and Planning, Mineral Resources, Population and Housing, Recreation, and Wildfires.

Public Resources Code Section 21081 and State CEQA Guidelines Section 15091 require that the City of Blythe, as lead agency for this project, prepare written findings for any identified significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings under CEQA and the State CEQA Guidelines are:
(1) Changes or alterations have been required in, or incorporated into, the project which mitigate, avoid or substantially lessen the significant effects on the environment. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the Final EIR.

The City finds that for each of the significant effects identified in the Final EIR changes or Iterations (project design features and mitigation measures) have been required in, or incorporate nto, the project which will avoid or substantially lessen each of the significant environmenta effects identified in the Final EIR. The significant effects (impacts) and mitigation measures are stated fully in the Final EIR. The rationale for this finding for each impact is discussed below.

After consideration of an EIR, the lead agency may decide whether or how to approve or carry out the project. For purposes of CEQA and for the Findings set forth herein, the record of proceedings for the City's Findings and determinations consists of the following documents and testimony, at a minimum:
2 -115-
The City's General Plan, as amended, and all environmental documents relating thereto;
The Draft EIR for the project, including all Appendices thereto and all supporting materials referenced therein;
The Final EIR for the project, including all comments on the Draft EIR, all responses thereto, and all supporting materials referenced therein; •
i City on ind witen onument oncerning the project received at or prior to • These Findings made by the City and the MIMRP adopted by the City for the Project;
• All final City Staff reports relating to the Draft EIR, the Final EIR and/or the project;
All other public reports, documents, studies, memoranda, maps, or other planning documents relating to the project, the Draft EIR or the Final EIR, prepared by the City, consultants to the County, or responsible or trustee agencies, or submitted to the City prior to the close of the City Council hearing on the Project; and • All matters of common knowledge to the City, including but not limited to the City's policies, guidelines and regulations.

The official custodian of the documents and other materials that constitute the record of proceedings is:

City of Blythe
Planning Division
235 N. Broadway
Blythe, CA 92225
Phone: 760-922-6161
Hours: Monday - Friday 7:00 a.m. to 4:00 p.m.

Copies of all these documents, which constitute the record of proceedings upon which the City's decision is based, are, and at all relevant times have been, available upon request at the offices of the City, the custodian for such documents.
3 -116-

PROJECT DESCRIPTION
The project area encompasses approximately 34 acres and currently operates as an agricultural field. The Applicant proposes several applications leading to the development of a cannabi:
facility, consisting of twelve buildings and associated infrastructure (retention, driveways, parking andscaping, a primary gated access point, two emergency access points, and perimeter fencing' he ultimate build-out of the approximately 34-acre area includes one 46,132-square-foot, two story building; two 46,848-square-foot one-story buildings; and nine 43,776-square-foot, one- story buildings for the cultivation and manufacturing of cannabis.

The applicant is requesting approval of a Site Plan as the entitlement, which if approved, would allow for and govern the development of the project site.

Site Plan Approval
The City of Blythe requires the Site Plan development evaluation process to ensure that a proposed development is in conformance with the standards and guidelines established by the various City departments, including Planning, Public Works, Building Department, Fire Marshal, and Police Department. The process is intended to result in well-designed site plans and properly built projects. The Technical Site Plan was submitted to the City of Blythe for the project as a part of Site Plan Approval process. The Plan indicates the proposed building locations, loading areas, use of the proposed site, locations of proposed retention areas, entry points, as well as the location of existing improvements on the site, such as existing drainage and irrigation facilities. Building areas, number of stories, proposed uses, and locations of trash enclosures are also indicated on the Technical Site Plan. On-street parking is not proposed for the project. All parking will be located within the fenced boundaries of the project site as indicated on the Technical Site Plan. The Plan is also required to indicate the locations of parking lot and street lighting; water meter locations and backflow devices; City infrastructure (i.e., water and sewer); fencing plans; and locations of cannabis storage vaults and safe rooms.

Fencing Plan: The project proposes the use of fences during construction and operation of the project. During construction, a temporary 8-foot no-cut/no-climb security fence (or equal) with razor wire is proposed to deter trespassing onto the property. Permanent property fencing will include an 8-foot no-cut/no-climb security fence (or equivalent) during operation of the project.

A security guardhouse is also proposed at the primary access point to monitor authorized personnel into and out of the property. A Preliminary Fencing Plan was submitted to the City of Blythe for the project as a part of Project Review. The Preliminary Fencing Plan indicates fence locations, phasing of development, and includes illustrations of proposed fencing.

Landscape Plan: Project landscaping has been designed to balance aesthetic, water use, and security objectives. The project landscape will include large drought-tolerant trees, palms, and ground covers typically found in the region, such as mulga, smoothie thornless cascalote, desert museum palo verde, thornless mesquite, pink dawn chitalpa, tipu tree, and date palm. Ground covers proposed for the project includes brittle bush, resin spurge, thunder cloud Texas sage, and senna. Exterior irrigation will use drip or micro-spray applicators to avoid overwatering and promote water efficiency. Two retention basins are proposed in the center of the site, between 4 -117-
Buildings 1 and 7 and Buildings 6 and 12. Turfgrass is proposed in the retention basins as a ground cover. The landscaped areas and the retention basins proposed for the site will occupy approximately 9.17 acres of the property. Existing irrigation channels are located along the northern and eastern property boundaries. No improvements or modifications to these existing irrigation facilities are proposed.

PROJECT COMPONENTS
The project build out components include:
• 12 buildings for cultivation/manufacturing operations • Building 1 is two-stories and 46,132 square feet
• 20,000-square-foot canopy size
Buildings 2 and 8 are one-story and 46,848 square feet
Buildings 3 through 7 and 9 through 12 are one-story and 43,776 square feet • Gross and net building square footages are indicated in the table below:

Building No. Gross SF Net SF
46,132 38,121
46,848 40,960
3 43,776 36,554
4 43,776 36,554
5 43,776 36,554
6 43,776 36,554
7 43,776 38,121
8 46,848 40,960
9 43,776 36,554
10 43,776 36,554
43,776 36,554
12 43,776 36,554
Total 533,812 450,594
• Two proposed landscaped retention basins located in the center of the property • Between Building 1 and Building 7 and Building 6 and Building 12 • 736 parking stalls to be provided
• Located adjacent to the proposed buildings
• Three gated access points
• Access points will consist of two, 12-foot swing gates • Primary access on Hobsonway at the center of the northern boundary • Security guardhouse located at this entry point
• Emergency ingress/egress gates at northeast and northwest corners of site, on Hobsonway • The project will construct a bus stop at the northwest side of the property as required by the Palo Verde Valley Transit Agency.
5 -118-
• 8-foot no-cut/no-climb security fence (or equal) surrounding property during project construction and operation
• Sewer connections to the City of Blythe's existing offsite sewer lines located along Hobsonway
• Approximately 1,200 linear feet of 8-inch PVC sewer pipes will be placed underground to connect to existing City manhole #192.
• Undergrounding of the proposed sewer lines will occur along Hobsonway in areas adjacent to the project boundary, as well as offsite areas east of the project site, along Hobsonway.
• New electrical infrastructure is required after the development of the first building. • A circuit bank will be developed at an existing substation for the operation of buildings 2 through 12.
• The facility will be designed and constructed to the design standards of and in coordination with SCE. The proposed improvements (i.e., circuit bank) must be approved by SCE to ensure the design standards are met and will be limited to improvements within existing SCE facilities and its existing rights-of-way. • Project operations:
• Indoor flower cultivation operations with a canopy size of cultivation operations of 15,000 sf. of flower and 5,000 sf. of vegetation for Building 1 and 20,000 f. of flower and 5,000 sf. of vegetation for Buildings 2 through 12. • Manufacturing operations on site include non-volatile, fresh frozen extraction • 534 employees; 2,279 trip-ends per day.
• Water condensate reclamation (AC and Dehumidifiers), nutrient runoff reclamation, and advanced water treatment is proposed for the project • The water facilities proposed for the project will consume 15 - 20 percent of City water compared to normal cannabis facilities.
• Approximately 4,500 gallons per day (gpd) per building • The project will use light emitting diode (LED) and high-pressure sodium vapor (HPS) lighting fixtures during plant growth. The type of fixture is dependent on the stage of plant.
• Building 1 will have a mix of 1,000-watt HPS DE bulbs and 640-watt LED lights.

These HPS bulbs will be changed annually and will be converted to LED lights when building 3 is complete.
• Buildings 2 through 12 will have 1,225 LED lights each. LED light bulbs have an estimated lifespan of 5 to 7 years.
• Odor control methods includes activated carbon filters, calculated by cubic volume of space.

Salt based fertilizers, pH up and pH down kits, and organic pesticides will be used during operation for plant health and pest management.

Twelve carbon dioxide (CO2) tanks, stored outside each building, are proposed to 6 -119-
enhance plant growth during cultivation.
• Each tank will be 19 feet in height, and approximately 7.2 feet in width and depth. • Each tank will also have the capacity to hold between 215,100 cubic feet to 220,500 cubic feet of compressed CO2.

Emergency back-up propane generators will be used onsite. • The back-up generators will not be full back-up; they will generate 30 percent of demand load to keep the climate control (only) at a minimum, in order for the plants to survive.

Trash and cannabis waste trash enclosures will be located at the northern side of buildings 1, 2, 3, 7, 8 and 9, and at the southern side of buildings 4, 5, 6, 10, 11 and

12. Each building will include roof-top solar panels on at least 15% of building roof space per CalGreen Building Code requirements.

PROJECT CONSTRUCTION
Project construction will occur in three (3) primary phases. Phased development will be accompanied by the orderly extension of circulation and parking facilities, public utilities, and infrastructure in accordance with the final conditions of approval for the project.

Phase 1 construction will commence with Buildings 1 and 2 and the northern retention basin. Phase 2 will develop then Buildings 5 and 6, and then Buildings 3 and 4 and the southern retention basin.

Phase 3 construction would develop Buildings 7 and 8, then Buildings 11 and 12, and conclude with Buildings 9 and 10. Project phasing will occur one after the other, approximately a year apart.

PROJECT IMPLEMENTATION
The proposed Site Plan is being processed concurrently with the Final EIR. Following certification of the Final EIR and approval of the Site Plan, City approval of implementing approvals will be required, including grading plan(s), grading permits), improvement plans, and building permits.

RESPONSIBLE AGENCIES
The following are anticipated responsible agencies which may rely on the Final EIR for their discretionary approvals required to implement the project:

California Department of Cannabis Control (DCC)
Issuance of a commercial cannabis license is required for operation of the proposed project.

Southern California Edison
Approval or certification related to any other applicable general order, rule, or regulation concerning utility modification, conveyance, or delivery. 7 -120-
Colorado Regional Water Quality Control Board (Region 7) Approval may include but is not limited to General Construction Stormwater Permit. Additionally, approval of a Water Quality Certification under Section 401 of the Clean Water Act may be required to verify compliance with water quality requirements (waste discharge and water quality).

California Department of Fish and Wildlife
CDFW is a trustee agency for fish and wildlife resources, and although no permits or approvals from CDFW are anticipated to be required, CDFW's concurrence that no such permits are required is part of the process for obtaining a commercial cannabis license from DCC.

Mojave Desert Air Quality Management District
Approval may include but is not limited to the project's Dust Control Plan and authority to construct/permit to operate all stationary sources.
permits for any miscellaneous process equipment that may not be exempt under District Rule 219 including, but not limited to:

Internal Combustion Engines with a manufacture's maximum continuous rating greater than 50 brake horsepower.
• Odor control equipment.

PROJECT OBJECTIVES
The project has identified the following objectives:
• Cultivate and manufacture pesticide free, top-tier cannabis products from an environmentally conscious, state of the art, sophisticated, agri-business campus; • Be responsible civic and corporate citizens by providing employment opportunities to the City of Blythe and ensuring project licensing is compliant with the State of California cannabis business licensing;
• Bring a sustainable and expandable model of commerce to Blythe; • Diversify Blythe's economic and general commercial base; • Bring economic growth to Blythe including employment, taxes and an associated multiplier effect; and
• Provide a legal holistic, sustainable cannabis option to patients and consumers in Blythe. 8 -121-
IL. FINDINGS REGARDING POTENTIALLY SIGNIFICANT IMPACTS WHICH

ARE AVOIDED OR MITIGATED TO A LESS THAN SIGNIFICANT LEVEL Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City finds that, for each of the following significant effects identified in the Final EIR, changes or alterations have been required in, or incorporated into, the project which are explained below and are supported by substantial evidence in the record of proceedings.

AIR QUALITY
Cumulatively considerable net increase of any criteria pollutant The project's construction emissions (without mitigation) are shown in Table 4.2-4 of the Draft EIR and would not exceed criteria pollutant thresholds established by the Mojave Desert Air Quality Management District (MDAQMD). Project operational-source emissions (without mitigation) are shown in Table 4.2-5 of the Draft EIR and would not exceed the thresholds of significance for emissions of any criteria pollutant. However, project construction activities could cause fugitive dust that could contribute to a significant cumulative air quality impact. A full discussion and analysis are included in the Draft EIR, Chapter 4.2 Air Quality, page 4.2-9 and Appendix C Air Quality Impact Analysis.

Mitigation Measures
To mitigate potential project specific and cumulative effects relating to dust generated from the project site, the following mitigation measure is hereby adopted and will be implemented consistent with the MMRP:

AQ-1: The project shall implement a Fugitive Dust Abatement Plan to reduce the mount of particulate matter entrained in the ambient air as a result o thropogenic fugitive dust sources by requiring actions to prevent. reduc r mitigate fugitive dust emissions. The Fugitive Dust Abatement Plas equires the implementation of best management practices (BMPs) such as previous phase occupants.

Findings
Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for the potentially significant air quality effects 9 -122-
related to criteria pollutants discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen such significant environmental effects as identified in the Final EIR, and further finds that all such effects will be mitigated to less than significant levels through implementation of Mitigation Measure AQ-1, as described and recommended in the Final EIR, which has been adopted by the City and is enforceable through the MMRP and project conditions of approval.

Discussion of Facts and Analysis Supporting the Findings Construction activities associated with the project are expected to result in short-term emissions of VOCs, NOX, CO, SOX, PM10, and PM2.5 related to temporary site preparation, grading building construction, paving, and architectural coating, and construction worker commuting Using a worst-case analysis scenario for construction duration and the default construction equipment factors determined by CalEEMod based on the project land use, size, and duration, emissions resulting from the project construction would not exceed criteria pollutant thresholds established by the MDAQMD.

Fugitive dust is one of the primary considerations associated with site preparation and grading activities due to the necessary earthwork. Fugitive dust emissions rates vary as a function of many parameters (soil silt, soil moisture, wind speed, area disturbed, number of vehicles, depth of disturbance or excavation, etc.). In order to ensure that dust generated from the project site during construction is less than significant, the plan required by MDAQMD Rule 403 (Fugitive Dust Control) will also be required as Mitigation Measure AQ-1. In addition, the analysis utilized to calculate fugitive dust emissions resulting from this phase of activity requires that site earthwork would be balanced (no soil import or export).

Operational activities associated with the project will result in emissions of VOCs, NOX, SOX, CO, PM10, and PM2.5 from Area Sources, Energy Sources, and Mobile Sources. As set forth in the Air Quality report attached as Appendix C to the Draft EIR, the project will not exceed MDAQMD's criteria pollutant emissions thresholds as a result of construction or operation of the proposed project, including the use of CO2 for cultivation operations and the use of emergency back-up generators. The air quality standards and regulatory framework stem from the Clean Air Act, which identified the primary standards to provide public health protection, including protecting the health of "sensitive" populations such as asthmatics, children, and the elderly.

Ambient air quality standards, their attainment and maintenance were based on criteria to protect public health. Secondary standards provide public welfare protection, including protection against decreased visibility and damage to animals, crops, vegetation, and buildings. Given that the project's emission levels during construction and operation will be below the established MDAOMD thresholds, the project will attain consistency with the objective of protecting public health and welfare. Moreover, this consistency with the emission thresholds will also prevent any cumulatively considerable net increases of ozone, ozone precursors, and particulate matter, for which attainment is being pursued under the existing MDAQMD rules and regulations. Less than significant impacts are anticipated.
10 -123-
Create Objectionable Odors
As an operation, the proposed project will not include the types of facilities or land uses commonly known to generate odors, such as agricultural activities (livestock and farming), feedlots, cultivation and processing activities, which are commonly known to generate odor emissions and are therefore regulated via required controls at the City and Air District (MDAQMD). A full discussion and analysis are included in the Draft EIR, Chapter 4.2 Air Quality, page 4.2-16.

Mitigation Measures
To mitigate potential project specific and cumulative effects relating to the project's other missions, specifically objectional odors, the following mitigation measure is hereby adopted an vill be implemented consistent with the MMRP
AQ-2: To comply with the City and MDAQMD requirements, the project will include an odor control system with ventilation and filtration devices specifically sized and installed in each building to prevent internal odors from being emitted externally. MDAQMD requires a Cannabis Odor Compliance Plan to be filed for every licensed cultivation operation.

Therefore, the application process will include identifying an odor control system and associated specifications for MDAQMD review and approval.

Under Rule 204, the control devices must be installed, operated, and maintained in strict compliance with those recommendations of the manufacturer/supplier and/or sound engineering principles which produce le minimum emissions of air contaminants. Authorized equipment must t laintained and kept in good operating condition at all times. The odo ontrol plan elements shall be designed and integrated with the architectur nd electrical design plans for each building and shall be subject to revie Findings
Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that for the significant air quality effects related to odor emissions discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen such significant environmental effects as identified in the Final EIR, and further finds that all such effects will be mitigated to less than significant levels through implementation of Mitigation Measure AQ-2, as described and recommended in the Final EIR, which has been adopted by the City and is enforceable through the MMRP and project conditions of approval.
11 -124-
Discussion of Facts and Analysis Supporting the Findings This type of project has the potential to generate temporary and intermittent odors associated with construction equipment exhaust and the application of asphalt and architectural coatings. Odors resulting from construction activities, such as asphalt installation, would be detectable in localized active areas and quickly dispersed as distance from the construction site increases, and therefore, is not considered significant.

With respect to operational odors, the proposed development will involve implementation of an odor control plan in compliance with the operating activity requirements outlined in Chapter 5.10 (Commercial Cannabis Activity) of the City's Code of Ordinances. Similarly, MDAQMD requires a Cannabis Odor Compliance Plan to be filed for every licensed cultivation operation within its jurisdiction.

Specifically, Mitigation Measure AQ-2 requires the project to include an odor control system with ventilation and filtration devices specifically sized and installed in each building to prevent internal odors from being emitted externally. In addition to the building filtration system, the building design will also adhere to the California building code and energy code requirements applicable to exterior walls; exterior wall insulation; exterior wall openings; exterior windows and doors; and architectural trim. Manufactured exterior doors are expected to be installed with the appropriate caulking, gaskets and/or weather stripping.

In addition to demonstrating compliance with the City's Odor Control regulations, Mitigation Measure AQ-2 requires the project proponent to abide by MDAQMD's rule compliance and permit process, including, but not limited to a permit to construct (Rule 201), permit to operate (Rule 203), permit conditions, as applicable (Rule 204), and prohibition of nuisance, as applicable (Rule 402) related to the equipment and facilities involved with the Cannabis Cultivation, Extraction, and Refinement/Purification Permit Application process. The permitting process would also require a California Business & Professions Code Division 10 Compliance Plan (Cannabis Odor Compliance Plan) as required by MDAQMD Rule 302 (J)(5). MDAQMD requires a Cannabis Odor Compliance Plan to be filed for every licensed cultivation operation. Therefore, the application process will warrant identifying an odor control system and associated specifications for MDAQMD review and approval. Under Rule 204, the control devices must be installed, operated, and maintained in strict accordance with those recommendations of the manufacturer/supplier and/or sound engineering principles which produce the minimum emissions of i contaminate mat i res a sign an with implement on or ration Measure AQ-2.

BIOLOGICAL RESOURCES
Candidate, Sensitive or Special Status Species
The western burrowing owl (Athene cunicularia hypugaea), a California Department of Fish & Game Species of Special Concern and a federally protected species under the Migratory Bird Act, was seen on site. However, no owl burrows were found on, or immediately adjacent to, the project site. In addition, the project contains potential habitat for the western yellow bat and the project 12 -125-
area is considered potential habitat for certain sensitive plant species. A full discussion and analysis are included in the Draft EIR, Chapter 4.3 Biological Resources, page 4.3-9 and Appendix D.1 and D.2 Biological Report and Memo. In addition, the California Department of Fish and Wildlife (CDFW) submitted a comment letter on the Draft EIR (see Final EIR Chapter 2) and the issues raised in that letter are addressed in the Final EIR at pp. 2-3 through 2-19 and in Appendix A Mitigation Measures
To mitigate potential project specific and cumulative effects to candidate, sensitive, or special status species, the following mitigation measures are hereby adopted and will be implemented consistent with the MMRP:

ВIO-1: A burrowing owl clearance survey shall be performed by a qualified biologist no less than 14 days prior to any site disturbance (grubbing, survey the construction area and an area up to 500 feet outside the project limits on publicly assessable lands for burrows that could be used by urrowing owls and impacted by construction activities. It no burrowin wls) or signs thereof are observed onsite during the preconstructo learance survey, a letter shall be prepared by the qualitied biologi ocumenting the results. The letter shall be submitted to the Calitorni Department of Fish and Wildlife (CDFW) prior to issuance of any grading permits, and no further action is required. If an active burrow or burrowing owls) or signs thereof is observed onsite during the pre-constructior clearance survey, areas occupied by burrowing owls shall be avoided. No ground-disturbing activities shall be permitted within a 160-foot diameter buffer area. A smaller buffer may be established if the qualified biologist determines that a reduced buffer would not adversely affect the burrowing owl(s). If project activities are scheduled to commence during the breeding season of the burrowing owl (February 1 to August 31), project activities must be delayed until September 1 or until another clearance survey finds that every owl nestling has fledged (permanently left the nesting burrow).

If burrowing owls cannot be avoided by the project, then a qualified biologist shall prepare and submit a passive relocation program in accordance with Appendix E (i.e., Example Components for Burrowing commencement of project activities. Only resident non-breeding owls (owls occupying burrows between approximately September 1 and January 31) not reenter. Prior to passive relocation, suitable replacement burrow site(s) hall be provided at a minimum ratio of 2:1 and permanent conservation 13 -126-
and management of burrowing owl habitat, such that the habitat acreage, number of burrows and burrowing owl impacts replaced shall be consistent with the Staff Report on Burrowing Owl Mitigation including its Appendix A within designated adjacent conserved lands identified through coordination with CDFW. A qualified biologist shall confirm the natural or artificial burrows on the conservation lands are suitable for use by the owls.

Monitoring and management of the replacement burrow site(s) shall be conducted, and a reporting plan shall be prepared for CDFW review and approval. The objective shall be to manage the replacement burrow sites for the benefit of burrowing owls (e.g., minimizing weed cover), with the of 2 years. A final letter report shall be prepared by the qualified biologist documenting the results of the passive relocation. Since all the land surrounding the project is private property, the project proponent must brains. A qualited andogise hal radal bo cordinate this endear wial BIO-2: All grading, clearing, and ground disturbing activities within 300 feet of the "artificial oasis" area shall be conducted outside of nesting season (non-nesting season is typically from September 16 through December 31) to the maximum extent feasible. If such activities begin during the nesting bird season, a qualified biologist shall conduct a pre-project nesting bird survey to verify the absence of nesting birds within the work area and surrounding 300-foot butter no more than two hours prior to initiating such activities. For any such activity occurring during the sestine Calinomi cal bruary 1 through September 1 or pastors in qualified biologist shall establish an appropriate nest avoidance buffer to be marked on the ground. Nest avoidance buffers are species specific and with the nesting phenology of the nesting species and based on nest and buffer monitoring results. Established buffers shall remain on site until a qualified biologist determines the young have fledged or the nest is no longer active. Active nests and adequacy of the established buffer distance shall be monitored by the qualified biologist until the qualified biologist has determined the young have fledged or the Project is finished. The qualified biologist has the authority to stop work if nesting pairs exhibit signs of disturbance.
14 -127-
BIO-3: To avoid impacts to special-status bat species and identify roosting habitat, bat surveys shall be conducted by a qualified bat biologist prior to initiation of Project activities within 300 feet of the "artificial oasis" area on the project site. Surveys shall be conducted within the "artificial oasis' and 100-foot buffer during appropriate weather conditions The qualified bat biologist shall identify the bats to the species level and valuate the colony to determine its size and significance, and presence o maternal colony. Project activities that do not produce noise o vibrations substantially higher than ambient conditions may be conducted (i DEal shal de required refore actinies rai and hindi tet of If a maternity colony is present, tree removal and/or modification shall py the qualified bat biologist) and under the supervision of a qualified ba biologist. The qualified bat biologist shall supervise the following two step process of tree removal that shall occur over a 2-day period to avoid direct mortality of foliage-roosting species: (1) On Day 1, branches and limbs that do not contain crevices or cavities shall be removed using hanc tools or chainsaws. The goal is to create a disturbance sufficient to cause be removed.

Findings
Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for each of the significant effects on candidate, sensitive, or special status species discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen such significant environmental effects as identified in the Final EIR, and further finds that all such effects will be mitigated to less than significant levels through implementation of Mitigation Measures BIO-!, BIO-2, and BIO-3, as recommended in the Final EIR, which has been adopted by the City and is enforceable through the MRP and project conditions of approval. Mitigation measures BIO-1, BIO-2, and BIO-3 will ensure that construction activities will not impact any burrowing owls, active burrows, western yellow bats, or other sensitive species. 15 -128-
Discussion of Facts and Analysis Supporting the Findings Special Status Animal Species: The burrowing owl is the only sensitive and protected species observed on the project site. However, no owl burrows were found on, or immediately adjacent to the project site. No other mammals that are identified as a candidate or sensitive by any local, state, or government agency, were encountered or showed substantial evidence of occupied habitat on the proposed project site. No surveys were conducted beyond project site boundaries due to the presence of private properties that lie to the east, west, and north of the site. Interstate 10 forms the southern boundary of the project and was considered a significant obstacle to the movement of wildlife on and off the site to the south. However, binocular surveys were conducted to the east, west and north of the project site in anticipation of observing burrowing owls and other migratory species. Survey intensity adhered to western burrowing owls survey protocol established by the California Burrowing Owl Consortium (2012) and accepted by the CDFW. In addition, thirty live- animal traps (which capture animals unharmed) for large and small mammals were set on site for twenty-four-hour periods on October 27, and 28, 2021. No sensitive mammal species were observed during these surveys.

The City has reviewed and considered the CDFW comments and recommended mitigation measure language, as well as the supplemental report on biological resources provided by the project biologist (Final EIR Appendix D). In response to the CFDW comments, Mitigation Measure BIO-1 was revised to incorporate revisions requested by CDFW to further address the details of pre-construction burrowing owl surveys. In addition, Mitigation Measures BIO-2 and BIO-3 have been added to ensure that the project will not have any significant effects on nesting birds or the western yellow bats, as requested by CDFW.

Based on the substantial evidence set forth in Appendix A to the Final EIR and in the responses to the CDFW comment letter, the City Council has determined that with adoption of Mitigation Measures BIO-1, BIO-2, and BIO-3, the projects potential impacts on sensitive animal species have been mitigated to a less than significant level. The City Council also adopts and incorporates the analysis and conclusions set forth in Response to Comments Nos. 1-g through 1-k and Appendix A to the Final EIR.

Sensitive Plant Species: The project-specific biology surveys and records check found no sensitive plant species that would be adversely impacted by the proposed development of the project site.

In addition, as confirmed in the biological reports included in Appendices D.1 and D.2 of the Draft EIR and Appendix A of the Final EIR, the site has no native plant communities because the site has been actively tilled and farmed for the last several decades. The City Council has reviewed and considered the comment by CDFW that additional plant surveys should be conducted because of a possible presence of the Desert unicorn plant and Hardwood's milk vetch (as set forth in CDFW's proposed mitigation measure BIO-4). However, the City Council agrees with the expert conclusion of the project biologist, as set forth in the Final EIR at p. 2-8 and Appendix A, that such surveys are not necessary or warranted because the intensely cultivated farmlands do not provide suitable habitat for these or any other sensitive plant species, and because no such sensitive plant species have even been located within one mile of the project site and no evidence of these species were found during the intense botanical surveys completed on the project site. The City Council 16 -129-
also adopts and incorporates the analysis and conclusions set forth in Response to Comment No. 1-1 and Appendix A to the Final EIR.

Riparian Habitat
A full discussion and analysis of the project's potential impacts on riparian habitat is included in the Draft EIR, Chapter 4.3 Biological Resources, page 4.3-10 and Appendix D.1 and D.2 Biological Report and Memo, as well as pages 2-5 - 2-7 and Appendix A of the Final EIR. A liscussed therein, and in the CDFW comment letter, the southwestern portion of the project site contains an area of trees and brush and that appears to have resulted from occasional spillage rom an adjacent irrigation ditch.

Mitigation Measures
To mitigate potential project specific and cumulative effects to riparian habitat, the following mitigation measure is hereby adopted and will be implemented consistent with the MMRP:

BIO-2: All grading, clearing, and ground disturbing activities within 300 feet of the "artificial oasis" area shall be conducted outside of nesting season (non-nesting season is typically from September 16 through December 31) to the maximum extent feasible. If such activities begin during the nesting bird season, a qualified biologist shall conduct a pre-project nesting bird survey to verify the absence of nesting birds within the work area and surrounding 300-foot buffer no more than two hours prior to initiating such activities. For any such activity occurring during the nesting season, typically January 1 through September 15 for raptors it southern California and February 1 through September 1 for passerin birds, a qualified biologist shall conduct at least one nesting bird survey, and more if deemed necessary by the qualified biologist, within three (3) days prior to initiation of Project-related activities. If active nests containing eggs or young are found, no work shall be permitted near the nest until the young birds have fledged or the nest is no longer active. A qualified biologist shall establish an appropriate nest avoidance buffer to be marked on the ground. Nest avoidance buffers are species specific and shall be about 100 feet for passerines and 300 feet for raptors. A smaller r larger buffer may be determined by the qualitied biologist tamilia rith the nesting phenology of the nesting species and based on nest an buffer monitoring results. Established buffers shall remain on site until a qualified biologist determines the young have fledged or the nest is no longer active. Active nests and adequacy of the established butter distance shall be monitored by the qualified biologist until the qualifie biologist has determined the voung have fledged or the Project is finished. The qualified biologist has the authority to stop work if nesting pairs exhibit signs of disturbance.
17 -130-
BIO-4:

Findings
Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State Cabia discused in te ina Bi age area of he bit an ere are to riparia. into, the project which avoid or substantially lessen such significant environmental effects as identified in the Final EIR, and further finds that all such effects will be mitigated to less than significant levels through implementation of Mitigation Measures BIO-2 and BIO-4, as recommended in the Final EIR, which has been adopted by the City and is enforceable through the MMRP and project conditions of approval. Mitigation Measures BIO-2 and BIO-4 will ensure that the Project construction activities will not have any significant effects on riparian habitat or other Fish and Game Code Section 1602 resources. As a point of clarification, mitigation measure BIO- 4 has been modified as shown above to indicate that the Project Developer, and not the City, is required to implement the measure as a part of final permitting.

Discussion of Facts and Analysis Supporting the Findings The City Council finds that there are no jurisdictional waters regulated pursuant to the Federal Clean Water Act (CWA) by the U.S. Army Corps of Engineers (USACE) or the Regional Water Quality Control Board (RWQCB), and no lakes, rivers, or streambeds regulated pursuant to the California Fish and Game Code by the CDFW are present within the limits of the proposed project.

While the CDFW comment letter states that the riparian habitat in and adjacent to the southwestern corner of the property "may be subject to Fish and Game Code Section 1602," the City Council agrees with and adopts the analysis and conclusions of the project biologist as a qualified expert who conducted site-specific investigations in making his determination of the jurisdictional question and habitat conditions, as set forth in Appendix A to the Final EIR and discussed in Response to Comments Nos. 1-e, 1-g, and 1-m, that the growth of trees and brush in the southwestern corner of the project site does not contain any significant habitat value nor does it qualify as a "river, stream, or lake" as that phrase is used in Fish and Game Code Section 1602.

The artificial growth of palm and tamarisk trees and other brush found in the southwestern corner of the project site consists of a combination of native and non-native vegetation that is a result of the collection of excess irrigation water due to occasional spillage from an adjacent ditch as well as the collection of occasional nuisance water draining from the I-10 freeway. This vegetation was determined by the project biologist to have no significant habitat value because no listed or sensitive plant, bird, mammal, amphibian, or reptile species, or bird nests were found in the trees and the site does not have significant value to wildlife based on observations and available 18 -131-
information. Additionally, the vegetation is considered a hazard to wildlife because it has the potential to lure bird and mammal species into extremely close proximity to the adjacent, busy I- 10 freeway where collisions with fast-moving vehicles are very likely to occur, and there are at For these reasons, the City Count resis upon the pe the pine that dont present is hated. trees and other growth in the southwestern portion of the project site lack significant habitat value.

Movement of Wildlife
There is no evidence of migratory wildlife corridors or native wildlife nursery sites on the project site or adjacent properties. A full discussion and analysis is included in the Draft EIR, Chapter 4.3 Biological Resources, page 4.3-11 and Appendix D.1 and D.2 Biological Report and Memo.

Mitigation Measures
To mitigate potential project specific and cumulative effects to the movement of wildlife, the following mitigation measure is hereby adopted and will be implemented consistent with the MMRP:

BIO-1: • burrowing owl clearance survey shall be performed by a qualifie iologist no less than 14 days prior to any site disturbance (grubbin grading, and construction). The pre-construction survey shall be conducted in accordance with the 2012 Statt Report on Borrowing Owl Mitigation (Department of Fish and Game, March 2012). The qualified biologist shall survey the construction area and an area up to 500 feet outside the project limits on publicly assessable lands for burrows that could be used by burrowing owls and impacted by construction activities. If no burrowing owl(s) or signs thereof are observed onsite during the preconstruction clearance survey, a letter shall be prepared by the qualified biologist documenting the results. The letter shall be submitted to the Calitornia Department of Fish and Wildlife (CDFW) prior to issuance of any grading owls) or signs thereof is observed onsite during the pre-constructior clearance survey, areas occupied by burrowing owls shall be avoided. No buter adia. A smaller bitter maybe emished thine qualified dialist determines a reduced buffer would not adversely affect the burrowing ›wls). If proiect activities are scheduled to commence during the breeding If burrowing owls cannot be avoided by the project, then a qualified biologist shall prepare and submit a passive relocation program it accordance with Appendix E (i.e., Example Components for Burrowing Owl Artificial Burrow and Exclusion Plans) of the 2012 Staff Report on Burrowing Owl Mitigation to CDFW for review/approval prior to the 19 -132-
commencement of project activities. Only resident non-breeding owls (owls occupying burrows between approximately September 1 and January 31) may be passively excluded from their burrows through the installation of exclusion gates (one-way doors) that allow the owls to leave the burrow but not reenter. Prior to passive relocation, suitable replacement burrow site(s) shall be provided at a minimum ratio of 2:1 and permanent conservation and management of burrowing owl habitat, such that the habitat acreage, number of burrows and burrowing owl impacts are replaced shall be consistent with the Staff Report on Burrowing Owl Mitigation including its Appendix A within designated adjacent conserved lands identified through coordination with CDFW. A qualified biologist shall confirm the natural or artificial burrows on the conservation lands are suitable for use by the owls.

Monitoring and management of the replacement burrow site(s) shall b conducted, and a reporting plan shall be prepared for CDFW review an approval. The objective shall be to manage the replacement burrow sites fo he benefit of burrowing owls (e.g., minimizing weed cover), with thi specific goal of maintaining the functionality of the burrows for a minimum of 2 years. A final letter report shall be prepared by the qualified biologist documenting the results of the passive relocation. Since all the land urrounding the project is private property, the project proponent mus btain in writing the landowner's approval before constructing the artificia burrows. A qualified biologist shall lead and coordinate this endeavor wit! he California Department of Fish and Wildlife
BIO-2: All grading, clearing, and ground disturbing activities within 300 feet of the "artificial oasis" area shall be conducted outside of nesting season (non-nesting season is typically from September 16 through December 31) to the maximum extent feasible. If such activities begin during the nesting bird season, a qualified biologist shall conduct a pre-project nesting bird survey to verify the absence of nesting birds within the work area and surrounding 300-foot buffer no more than two hours prior to initiating such activities. For any such activity occurring during the nesting season, typically January 1 through September 15 for raptors in ontaining eggs or young are found, no work shall be permitted near thi est until the young birds have fledged or the nest is no longer active. I qualified biologist determines the young have fledged or the nest is no 20 -133-
longer active. Active nests and adequacy of the established buffer distance shall be monitored by the qualified biologist until the qualified biologist has determined the young have fledged or the Project is finished. The qualified biologist has the authority to stop work if nesting Findings
Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEOA Guidelines, the City Council finds that for each of the significant effects relating to the changes or alterations have been required in, ol
ncorporated into, the project which avoid or substantially lessen such significant environmenta ffects as identified in the Final EIR, and further finds that all such effects will be mitigated to les than significant levels through implementation of Mitigation Measures BIO-1 and BIO-2, as recommended in the Final EIR, which has been adopted by the City and is enforceable through the MMRP and project conditions of approval.

Discussion of Facts and Analysis Supporting the Findings The proposed project is not anticipated to have significant impacts related to habitat fragmentation and regional wildlife movement. The Migratory Bird Treaty Act (MBTA) makes it unlawful to "take" any migratory bird including their nests, eggs, or products. Therefore, potential impacts on nesting birds are considered a significant adverse effect, and mitigation is required to reduce the impact to nesting birds to less than significant levels. An intensive effort was made to locate the burrowing owl, a species protected under the MBTA. Although burrowing owl burrows were not observed onsite during the field investigation, the site provides suitable habitat for the species and the owls can take up residence on the site at any time. In addition, burrowing owls were observed on or around the project site during field surveys, as noted above.

To ensure compliance with the California Fish & Game Code and the MBTA, Mitigation Measure BIO-1 requires completion of a burrowing owl clearance survey by a qualitied biologist prior to any site disturbance (grubbing, grading, and construction). Prior to construction, a qualified biologist will survey the construction area and an area up to 500 feet outside the project limits on publicly accessible lands for burrows that could be used by burrowing owls. If an active burrow is located, earth disturbance must be immediately delayed, and steps taken to allow any owls that are found to leave the burrow but not reenter. In addition, at the request of CDFW, Mitigation Measure BIO-2 has been adopted to require all construction activities within 300 feet of the "artificial oasis" located in the southwestern corner of the project site to be conducted outside of nesting season to the maximum extent feasible. If any such construction activities are to occur during the nesting season, pre-construction nesting bird surveys are required, and any active nests must be avoided. As described in Responses to Comments 1-g, 1-i, and 1-j, implementation of Mitigation Measure BIO-1 and BIO-2 will avoid any take of nesting birds or other significant effects on wildlife movement or migratory corridors. The City Council also adopts and incorporates the analysis and conclusions set forth in Response to Comments Nos. 1-g, I-i, and I- j and Appendix A to the Final EIR.
21 -134-

GEOLOGY AND SOILS
Expose People or Structures to Effects Involving:

Strong Seismic-Related Ground Shaking: Given the location of the project site, seismic shaking is expected during the design life of the proposed project. A full discussion and analysis are included in the Draft EIR, Chapter 4.6 Geology and Soils, page 4.6-13 and Appendix G Geotechnical and Infiltration Investigation.

Mitigation Measures
To mitigate potential project specific and cumulative effects from seismic ground shaking, the following mitigation measure is hereby adopted and will be implemented consistent with the MMRP:

GEO-1 All earthwork including excavation, backfill and preparation of the subgrade soil, shall be performed in accordance with the geotechnical recommendations, presented below, and portions of the local regulatory requirements, as applicable. All earthwork should be performed under the observation and testing of a qualified soil engineer. The following geotechnical engineering recommendations for the proposed project are based on observations from the field investigation program, laboratory • Stripping: Areas to be graded shall be cleared of any existing structures, surface, and subsurface improvements, vegetation, the associated root systems, concrete and debris. All areas scheduled to receive fill should be cleared of any oversized or unsuitable material that should be removed off site. Voids left by obstruction shall be properly backfilled in accordance with the compaction recommendations of the Geotechnical Investigation.
• Preparation of the Building Areas: In order to achieve firm and uniform bearing conditions, over-excavation and re-compaction shall occur throughout the building areas. All artificial fill soil and low density near surface native soil should be removed to a depth of at approximately 3 feet below existing grade or 2 feet below the bottom of the footings, whichever is deeper. Remedial grading should extend laterally, a minimum of five feet beyond the building perimeter. The soil exposed by over-excavation should be scarified, moisture conditioned to near optimum moisture content and compacted to at least 90 percent relative compaction.
• Compaction: The soil removed by over-excavation and any other material to be used as engineered fill soil should be free of organic material, debris, and any deleterious substances and should not contain 22 -135-
irreducible matter greater than 8 inches in maximum dimension. The soil removed during over-excavation and all fill materials should be placed in thin lifts not exceeding six inches in a loose condition at over optimum moisture content. If import fill is required, the material should be of non-expansive nature and shall meet the following criteria:

Plastic Index Less than 12
Liquid Limit Less than 35
Percent Soil Passing #200 Sieve Between 15% and 35%
Maximum Aggregate Size 3 Inches
The subgrade and all fill material shall be compacted with acceptable compaction equipment, to at least 90 percent relative compaction. The bottom of the excavation should be observed by a representative of Sladden Engineering prior to fill placement. Compaction testing should be performed on all lifts in order to verify proper placement of the fill materials.
• Shrinkage and Subsidence: Volumetric shrinkage of the material that is excavated and replaced as controlled compacted fill shall be anticipated.

It is estimated that shrinkage could vary from 10 percent to 20 percent.

Subsidence of the surfaces that are scarified and compacted shall be between 1 and 3 tenths of a foot. This will vary depending upon the type of equipment used, the moisture content of the soil at the time of grading and the actual degree of compaction attained.

Stabilization: Deeper excavations will likely require stabilization due to shallow groundwater conditions. A gravel/crushed rock layer approximately 2 feet thick should be placed within the excavation bottoms to provide a stable working platform and to promote drainage and removal of groundwater that seeps into the excavation. The gravel/crushed rock should be surrounded by an appropriate filter fabric to prevent the migration of fines during dewatering operations. Geogrid reinforcement should be placed withing the gravel/crushed rock.

GEO-2 Conventional Shallow Spread Footings: Conventional shallow spread uildings. Load bearing walls may be supported on continuous footings an aterior columns may be supported on isolated pad footings. All footing pressures of 1,800 and 2,000 pounds per square foot (psf), respectively.

Allowable increases of 250 psf for each additional 1 foot in width and 250 23 -136-
psf for each additional 6 inches in depth may be utilized, if desired. The naximum allowable bearing pressure should be 3,000 psf. The maximun earing pressure applies to combined dead and sustained live loads. The allowable bearing pressure may be increased by one-third when considering transient live loads, including seismic and wind forces.

Based on the allowable bearing pressures recommended above, the total static settlement of the shallow footings is anticipated to less than one-inch, provided that foundation preparation conforms to the recommendations provided in this report. Differential static settlement is anticipated to be approximately one-half the total static settlement for similarly loaded Lateral load resistance for the spread footings will be developed by passive soil g sure basinst the sides of the fini ge below grade acted fiction conditions, the passive pressure and frictional resistance may be increased All footing excavations should be observed by a representative of the project geotechnical consultant to verify adequate embedment depths t blacement of forms, steel reinforcement or concrete. The excavation should be trimmed neat, level and square. All loose, disturbed, sloughed or moisture softened soils and/or any construction debris should be removed rior to concrete placement. Excavated soil generated from footing and/o tility trenches should not be stockpiled within the building envelope or i areas of exterior concrete flatwork. All footings should be reinforced in accordance with the project Structural Engineer's recommendations.

Findings
Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that for each of the significant effects of strong seismic shaking discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen such significant environmental effects as identified in the Final EIR, and further finds that all such effects will be mitigated to less than significant levels through implementation of Mitigation Measures GEO-1 and GEO-2 as recommended in the Final EIR, which has been adopted by the City, and are enforceable through the MMRP and project conditions of approval.
24 -137-
Discussion of Facts and Analysis Supporting the Findings The project site is located approximately 63 miles northeast of the closest active fault zone, the San Andreas Fault, and is in the highly seismic Southern California region within influence of several fault systems that are considered to be active or potentially active. Therefore, seismic shaking is expected during the design life of the project. The development will be constructed in a manner that reduces the risk of seismic hazards (Title 24, California Code of Regulations). The project shall comply with the most current seismic design coefficients and ground motion parameters and all applicable provisions of the CBC, specifically Chapter 16 of the CBC, Structural Design, Section 1613, Earthquake Loads, as well as City Municipal Code Chapter

15.04. Chapter 15.04 adopts the 2019 California Building Code for regulating the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.

Site work will be conducted in accordance with the project-specific geotechnical and soils analyses required with the submittal of grading and building plans. Foundation and structural design of the project would reduce exposure of people or structures to adverse effects to the greatest extent feasible, as indicated as Mitigation Measures GEO-1. Mitigation measure GEO-2 includes guidelines for conventional shallow spread footings to ensure adequate support for the proposed buildings.

C Canal located east of the project site is an engineered canal maintained by Palo Verde Irrigation than significant impacts associated with inundation.

Seismic-Related Ground Failure, including Liquefaction: The project site is located in an area susceptible to liquefaction due to the historically shallow groundwater. A full discussion and analysis is included in the Draft EIR, Chapter 4.6 Geology and Soils, page 4.6-14 and Appendix G Geotechnical and Infiltration Investigation.

Mitigation Measures
To mitigate potential project specific and cumulative effects from seismic-related ground failure, the following mitigation measures are hereby adopted and will be implemented consistent with the MMRP:

GEO-1 All earthwork including excavation, backfill and preparation of the subgrade soil, shall be performed in accordance with the geotechnical recommendations, presented below, and portions of the local regulatory requirements, as applicable. All earthwork should be performed under the observation and testing of a qualified soil engineer. The following geotechnical engineering recommendations for the proposed project are 25 -138-
based on observations from the field investigation program, laboratory testing and geotechnical engineering analysis.
• Stripping: Areas to be graded shall be cleared of any existing structures, surface, and subsurface improvements, vegetation, the associated root systems, concrete and debris. All areas scheduled to receive fill should be cleared of any oversized or unsuitable material that should be removed off site. Voids left by obstruction shall be properly backfilled in accordance with the compaction recommendations of the Geotechnical Investigation.
• Preparation of the Building Areas: In order to achieve firm and uniform bearing conditions, over-excavation and re-compaction shall occur throughout the building areas. All artificial fill soil and low density near surface native soil should be removed to a depth of at approximately 3 feet below existing grade or 2 feet below the bottom of the footings, whichever is deeper. Remedial grading should extend laterally, a minimum of five feet beyond the building perimeter. The soil exposed by over-excavation should be scarified, moisture conditioned to near optimum moisture content and compacted to at least 90 percent relative compaction.

Compaction: The soil removed by over-excavation and any other material to be used as engineered fill soil should be free of organic material, debris, and any deleterious substances and should not contain irreducible matter greater than 8 inches in maximum dimension. The soil removed during over-excavation and all fill materials should be placed in thin lifts not exceeding six inches in a loose condition at over optimum moisture content. If import fill is required, the material should be of non-expansive nature and shall meet the following criteria:

Plastic Index Less than 12
Liquid Limit Less than 35
Percent Soil Passing #200 Sieve Between 15% and 35%
Maximum Aggregate Size 3 Inches
The subgrade and all fill material shall be compacted with acceptable compaction equipment, to at least 90 percent relative compaction. The bottom of the excavation should be observed by a representative of Sladden Engineering prior to fill placement. Compaction testing should be performed on all lifts in order to verify proper placement of the fill materials.
• Shrinkage and Subsidence: Volumetric shrinkage of the material that is excavated and replaced as controlled compacted fill shall be anticipated.

It is estimated that shrinkage could vary from 10 percent to 20 percent.

Subsidence of the surfaces that are scarified and compacted shall be 26 - 139-
between 1 and 3 tenths of a foot. This will vary depending upon the type of equipment used, the moisture content of the soil at the time of grading and the actual degree of compaction attained.

Stabilization: Deeper excavations will likely require stabilization due to shallow groundwater conditions. A gravel/crushed rock layer approximately 2 feet thick should be placed within the excavation ottoms to provide a stable working plattorm and to promote drainag nd removal of groundwater that seeps into the excavation. Th gravel/crushed rock should be surrounded by an appropriate filter fabric to prevent the migration of fines during dewatering operations. Geogrid reinforcement should be placed withing the gravel/crushed rock.

GEO-2 Conventional Shallow Spread Footings: Conventional shallow spread footings are expected to provide adequate support for the proposed buildings. Load bearing walls may be supported on continuous footings and interior columns may be supported on isolated pad footings. All footings should be founded upon properly compacted engineered fill soil and should have a minimum embedment depth of 18 inches measured from the lowest adjacent finished grade. Continuous and isolated pad footings should have minimum widths of 12 inches and 24 inches, respectively. Continuous and isolated pad footings may be designed using an allowable (net) bearing pressures of 1,800 and 2,000 pounds per square foot (psf), respectively.

Allowable increases of 250 psf for each additional 1 foot in width and 250 psf for each additional 6 inches in depth may be utilized, if desired. The maximum allowable bearing pressure should be 3,000 psf. The maximum bearing pressure applies to combined dead and sustained live loads. The allowable bearing pressure may be increased by one-third when considering transient live loads, including seismic and wind forces.

Based on the allowable bearing pressures recommended above, the total static settlement of the shallow footings is anticipated to less than one-inch, provided that foundation preparation conforms to the recommendations provided in this report. Differential static settlement is anticipated to be approximately one-half the total static settlement for similarly loaded footings spaced up to approximately 40 feet apart.

Lateral load resistance for the spread footings will be developed by passive soil pressure against the sides of the footings below grade and by friction acting at the base of the concrete footings bearing on compacted fill. An allowable passive pressure of 250 psf per foot of depth may be used for design purposes. An allowable coefficient of friction 0.40 may be used for 27 -140-
All footing excavations should be observed by a representative of the project geotechnical consultant to verity adequate embedment depths to placement of forms, steel reinforcement or concrete. The excavations should be trimmed neat, level and square. All loose, disturbed, sloughed ol moisture softened soils and/or any construction debris should be removed GEO-3 Slabs on Grade: Concrete slabs-on-grade must be placed on properly compacted engineered fill as outlined in the Geotechnical Report. The slab ubds should remain at over optimum moisture content and should not Floor slab thickness and reinforcement should be determined by the Structural Engineer. Based on the anticipated use, a minimum floor slab thickness of 5.0 inches and minimum slab reinforcement of #4 bars at 24 inches on center. All slab reinforcement should be properly supported to ensure that reinforcement is placed at slab mid-height.

Slabs with moisture sensitive surfaces should be underlain with a moisture leveling course of sand across the pad surface prior to placement of the membrane.

GEO-4 Exterior Concrete Flatwork: To minimize cracking of concrete flatwork, the subgrade soil below concrete flatwork areas should be compacted to a minimum of 90 percent relative compaction. A representative of the project geotechnical consultant should observe and verify the density and moisture content of the soil prior to concrete placement.

GEO-5 Utility Trench Backfill: All utility trench backfill should be compacted to a inimum of 90 percent relative compaction. Trench backtill materia moisture conditioned (or air-dried) as necessary to achieve over optimum moisture content, and then mechanically compacted to a minimum of 90 28 -141-
percent relative compaction. A representative of the project soil engineer should test the backfill to verify adequate compaction.

GEO-6
Findings
Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that for each of the significant effects of seismic-related ground failure, including liquefaction, discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen such significant environmental effects as identified in the Final EIR, and further finds that all such effects will be mitigated to less than significant levels through implementation of Mitigation Measures GEO-1 through GEO-6 as recommended in the Final EIR, which has been adopted by the City and is enforceable through the MMRP and project conditions of approval.

Discussion of Facts and Analysis Supporting the Findings According to the Blythe General Plan EIR, the Palo Verde Valley is within a zone of potential liquefaction. In Blythe, the highest liquefaction potential exists for lands along or near the Colorado River. Due to the shallow groundwater depth and alluvial nature of the soils (silts, sands, and sandy silts), the risk from liquefaction as a result of a major earthquake in fault systems to the west of Blythe are considered moderate. Based on the depth of groundwater on site and recorded groundwater depths in the project vicinity, groundwater may be encountered during site grading and within deep excavations and utility trench excavations. Although the hazards associated with liquefaction at the project site is considered low, based on the anticipated low ground accelerations the site prepares on and foundations recommend tons inct did i tigation ensures -1 through GEO-6, and will be required to comply with State building standards.

Soil Erosion or Loss of Topsoil
Soil erosion can be caused by windborne, waterborne, and human-related activities, including project construction and operation. A full discussion and analysis are included in the Draft EIR, Chest 4i6 Cleology and Soils, page 45-15 and Appendix G Geotechnical and Infitration 29 -142-
Mitigation Measures
To mitigate potential project specific and cumulative effects from soil erosion, the following mitigation measures are hereby adopted and will be implemented consistent with the MMRP:

GEO-6
GEO-7 Retaining Walls: Minor retaining walls may be required to accomplish the construction of the project. Cantilever retaining walls may be designed using "active" pressures. Active pressures may be estimated using an equivalent fluid weight of 35 pcf for native backfill soil with level drained backfill conditions. "At Rest" pressures should be utilized for restrained walls. At rest pressures may be estimated using an equivalent fluid weight of 55 pof for native backfill soil with level drained backfill conditions.

AQ-1 The project shall implement a Fugitive Dust Abatement Plan to reduce the HWQ-1 The project proponent must comply with the most current Construction General Permit (CGP) (Order No. 2009-0009-DWQ as amended by 2010- 0014-DWO and 2012-0006-DWQ). Compliance with the CGP involves the development and implementation of a project-specific Stormwater Pollution Prevention Plan (SWPPP), which is designed to reduce potential adverse impacts to surface water quality during the period of construction. he SWPPP must identify the locations and types of construction activiti equiring BMPs and other necessary compliance measures to prevent so ension end Spy must be submited to the Scatof later sources Control Board (SWRCB) who will issue a Waste Discharge Identification 30 -143-
(WDID) number. The SWPPP and WDID must be kept on-site during the period of construction.

Findings
Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that for each of the significant impacts resulting from soil erosion or loss of topsoil discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen such significant environmental effects as identified in the Final EIR, and further finds that all such effects will be mitigated to less than significant levels through implementation of Mitigation Measures GEO-6 and GEO-7, and AQ-1 and HWQ-1 as recommended in the Final EIR, which has been adopted by the City, and are enforceable through the MMRP and project conditions of approval.

Discussion of Facts and Analysis Supporting the Findings Construction of this project will involve ground disturbing activities, such as the clearing and grubbing of existing vegetation, and grading of the property. Project implementation will include landscaping, buildings, and paved areas throughout the property. In order to reduce the effect of windborne erosion at the project site, the project shall be required to implement Mojave Desert Air Quality Management District Rule 403, the Fugitive Dust Abatement Plan. The Fugitive Dust Abatement Plan requires the implementation of best management practices (BMPs) such as the use of perimeter fencing, applying adhesive dust suppressant, and/or watering the project site. The project property shall implement the BMPs for on- and off-site improvements outlined within their project-specific Fugitive Dust Abatement Plan during construction of the project site. Additionally, each phase of construction will develop BMPs to protect previous phase occupants. This is required as Mitigation Measure AQ-1.

Waterborne erosion can be caused by both human activities, such as over-watering a site, and natural conditions, such as stormwater runoff from a rain event. Manmade drainage facilities currently exist along the northern, western, and eastern project boundaries. Onsite stormwater runoff typically follows existing flows, and then percolates into the site soils. The irrigation channels to the north and west assist in directing stormwater runoff. The project is required to comply with the most current Construction General Permit (CGP) (Order No. 2009-0009-DWQ as amended by 2010-0014-DWQ and 2012-0006-DWQ). Compliance with the CGP involves the development and implementation of a project-specific Stormwater Pollution Prevention Plan (SWPPP), which is designed to reduce potential adverse impacts to surface water quality during the period of construction. The required plan will identify the locations and types of construction activities requiring BMPs and other necessary compliance measures to prevent soil erosion and stormwater runoff pollution. The implementation of the SWPPP at the project site is required as Mitigation Measure HWQ-1.

During operation of the project, landscaped areas, which would include ground coverings, trees, and turfgrass, will stabilize the ground surface. Irrigation systems (i.e., sprinklers or drip irrigation) would also be maintained during project operation to ensure that overwatering of plants (which leads to waterborne erosion) does not occur. Drainage and retention facilities would also be 31 -144-
maintained during project operation to ensure their intended function. The required routine maintenance of the onsite drainage and retention facilities and associated infrastructure would reduce the likelihood of flooding on the property. Additionally, the project would introduce impervious, paved areas throughout the property. The impervious surfaces would reduce the potential for erosion during operation by stabilizing the ground surface and minimizing the amount of exposed soil. These features will establish stabilized surfaces and onsite maintenance at the project site, thereby decreasing the likelihood of onsite windborne and waterborne erosion during project operation. Finally, Mitigation Measures GEO-6 and GEO-7 require onsite drainage and minor retaining walls for rapid removal of surface water runoff to an adequate discharge point (away from foundations).

Located on an Unstable Geologic Unit
Mitigation Measures
To mitigate potential project specific and cumulative effects associated with development on an unstable geologic unit, the following mitigation measures are hereby adopted and will be implemented consistent with the MMRP:

GEO-1 All earthwork including excavation, backfill and preparation of the subgrade soil, shall be performed in accordance with the geotechnical ecommendations, presented below, and portions of the local regulator! equirements, as applicable. All earthwork should be performed under th observation and testing of a qualified soil engineer. The following geotechnical engineering recommendations for the proposed project are based on observations from the field investigation program, laboratory • Stripping: Areas to be graded shall be cleared of any existing structures, surface, and subsurface improvements, vegetation, the associated root systems, concrete and debris. All areas scheduled to receive fill should be cleared of any oversized or unsuitable material that should be removed off site. Voids left by obstruction shall be properly backfilled in accordance with the compaction recommendations of the Geotechnical Investigation.
• Preparation of the Building Areas: In order to achieve firm and uniform bearing conditions, over-excavation and re-compaction shall occur throughout the building areas. All artificial fill soil and low density near surface native soil should be removed to a depth of at approximately 3 feet below existing grade or 2 feet below the bottom of the footings, whichever is deeper. Remedial grading should extend laterally, a 32 -145-
minimum of five feet beyond the building perimeter. The soil exposed by over-excavation should be scarified, moisture conditioned to near optimum moisture content and compacted to at least 90 percent relative compaction.
• Compaction: The soil removed by over-excavation and any other material to be used as engineered fill soil should be free of organic material, debris, and any deleterious substances and should not contain irreducible matter greater than 8 inches in maximum dimension. The soil removed during over-excavation and all fill materials should be placed in thin lifts not exceeding six inches in a loose condition at over optimum moisture content. If import fill is required, the material should be of non-expansive nature and shall meet the following criteria:

Plastic Index Less than 12
Liquid Limit Less than 35
Percent Soil Passing #200 Sieve Between 15% and 35%
Maximum Aggregate Size 3 Inches
The subgrade and all fill material shall be compacted with acceptable mpaction equipment, to at least 90 percent relative compaction. TI tom of the excavation should be observed by a representative lacement. Compaction testing shoul
Se denmi on an inion ori lovere properacion test the l
Shrinkage and Subsidence: Volumetric shrinkage of the material that is excavated and replaced as controlled compacted fill shall be anticipated.

It is estimated that shrinkage could vary from 10 percent to 20 percent.

Subsidence of the surfaces that are scarified and compacted shall be between 1 and 3 tenths of a foot. This will vary depending upon the type of equipment used, the moisture content of the soil at the time of grading and the actual degree of compaction attained.
• Stabilization: Deeper excavations will likely require stabilization due to shallow groundwater conditions. A gravel/crushed rock layer approximately 2 feet thick should be placed within the excavation bottoms to provide a stable working platform and to promote drainage and removal of groundwater that seeps into the excavation. The gravel/crushed rock should be surrounded by an appropriate filter fabric to prevent the migration of fines during dewatering operations. Geogric reinforcement should be placed withing the gravel/crushed rock.

GEO-2 Conventional Shallow Spread Footings: Conventional shallow spread footings are expected to provide adequate support for the proposed buildings. Load bearing walls may be supported on continuous footings and 33 -146-
interior columns may be supported on isolated pad footings. All footings should be founded upon properly compacted engineered fill soil and should have a minimum embedment depth of 18 inches measured from the lowest adjacent finished grade. Continuous and isolated pad footings should have minimum widths of 12 inches and 24 inches, respectively. Continuous and isolated pad footings may be designed using an allowable (net) bearing pressures of 1,800 and 2,000 pounds per square foot (psf), respectively.

Allowable increases of 250 psf for each additional 1 foot in width and 250 psf for each additional 6 inches in depth may be utilized, if desired. The maximum allowable bearing pressure should be 3,000 psf. The maximum bearing pressure applies to combined dead and sustained live loads. The allowable bearing pressure may be increased by one-third when considering transient live loads, including seismic and wind forces.

Based on the allowable bearing pressures recommended above, the total static settlement of the shallow footings is anticipated to less than one-inch, provided that foundation preparation conforms to the recommendations provided in this report. Differential static settlement is anticipated to be approximately one-half the total static settlement for similarly loaded footings spaced up to approximately 40 feet apart.

Lateral load resistance for the spread footings will be developed by passive soil pressure against the sides of the footings below grade and by friction acting at the base of the concrete footings bearing on compacted fill. An allowable passive pressure of 250 psf per foot of depth may be used for design purposes. An allowable coefficient of friction 0.40 may be used tor dead and sustained live loads to compute the frictional resistance of the cotions, cod discity ore or and dictional resistance and bidered oy one-third
All footing excavations should be observed by a representative of the accordance with the project Structural Engineer's recommendations.

GEO-3 Slabs on Grade: Concrete slabs-on-grade must be placed on properly 34 -147-
be firm and unyielding. Disturbed soil should be removed and then replaced and compacted to a minimum of 90 percent relative compaction.

Floor slab thickness and reinforcement should be determined by the Structural Engineer. Based on the anticipated use, a minimum floor slat thickness of 5.0 inches and minimum slab reinforcement of #4 bars at 24 inches on center. All slab reinforcement should be properly supported to ensure that reinforcement is placed at slab mid-height.

Slabs with moisture sensitive surfaces should be underlain with a moisture isqueen, or equivalent. All laps within the membrane should be sealed an it least 2 inches of clean sand should be placed over the membrane t unte he membrane so tid be pared a pad so the that he be e placed on a pad suriace that has bee
graded smooth without any sharp protrusions. If a smooth surface cannot b achieved by grading, consideration should be given to placing a one-inc the membrane.

GEO-4 Exterior Concrete Flatwork: To minimize cracking of concrete flatwork, the subgrade soil below concrete flatwork areas should be compacted to a minimum of 90 percent relative compaction. A representative of the project geotechnical consultant should observe and verify the density and moistur content of the soil prior to concrete placement
GEO-5 Utility Trench Backfill: All utility trench backfill should be compacted to a minimum of 90 percent relative compaction. Trench backtill materials should be placed in lifts no greater than six inches in a loose condition, moisture conditioned (or air-dried) as necessary to achieve over optimum moisture content, and then mechanically compacted to a minimum of 90 percent relative compaction. A representative of the project soil engineer should test the backfill to verify adequate compaction.

GEO-6 Drainage: All final grades should be provided with positive gradients away infiltration into the subgrade soil, surface water should be directed away from building foundations to an adequate discharge point. Subgrade drainage should be evaluated upon completion of the precise grading plans 35 -148-
Findings
lessen such significant environmental effects as identified in the Final BIR, and further finds tha Ill such etfects will be mitigated to less than significant levels through implementation of Mitigation Measures GEO-1 through GEO-6 as recommended in the Final EIR, which has beer adopted by the City, and are enforceable through the MMRP and project conditions of approval Discussion of Facts and Analysis Supporting the Findings Landslides: The project site and surrounding area is defined by relatively flat land, primarily characterized by agricultural land and commercial structures and is not situated in close proximity to the local mountain ranges; therefore, landslides or rockfalls associated with these mountains would not occur near the project site. Additionally, the Geotechnical Investigation indicated no signs of slope instability in the vicinity and no potential for landslides, rockfalls, earthflows, or slumps were observed at or near the subject site
Liquefaction and Lateral Spreading: The geotechnical analysis concluded that although hazards associated with liquefaction and subsequent effects (i.e., lateral spread) are considered low, Mitigation Measures GEO-1 through GEO-6 should be adopted to ensure appropriate soil and foundational conditions at the project site. The project is required to remove debris, vegetation, undocumented fill soil, and loose soil from the existing soil, and compact the soil using controlled compacted fill, as provided in Mitigation Measure GEO-1. Additional mitigation regarding soil and foundational conditions are included as Mitigation Measures GEO-2 through GEO-6.

Development within the project site will also comply with the current CBC standards and City requirements, including Blythe Municipal Code Title 15. As discussed above, with implementation of these measures, the risks relating to liquefaction and lateral spreading are less than significant.

Subsidence and Soil Collapse: Land subsidence can occur in valleys where aquifer systems have been subjected to extensive groundwater pumping, such that groundwater pumping exceeds groundwater recharge. The project site is located in an area considered to have a moderate to low potential subsidence based on current hydrological conditions. susceptible to soil collapse. Annual seasonal fluctuations in groundwater levels can be more than six feet in some locations throughout the valley, however, no evidence of major subsidence has been reported. To manage groundwater, the City implements water conservation through a combination of programs, resources, and polices such as water waste prevention ordinances, metering, conservation pricing, public education and outreach, water loss programs, and water conservation program. No excessive withdrawal of water for the City to provide water is anticipated, and the potential for subsidence is considered low and impacts would be less than significant.

Soil collapse occurs in recently deposited sediments that accumulated in an arid or semi-arid environment. The Palo Verde Valley area of the Mojave Desert Province generally consists of a northeast-southwest trending valley comprised of Quaternary-age sediments generally consisting 36 -149-
of alluvium (Qa). These sediments are also onsite the entire site and surrounding area. The project property consists of fill/disturbed soil to a depth of approximately two (2) feet below ground surface (bgs); underlying the artificial fill/disturbed soil is native alluvium consisting primarily of silty clay, clayey sand, and sand. Mitigation Measures GEO-1 through GEO-6 adequately address these soils conditions and ensure that foundation bearing conditions are firm and uniform, reducing the risks associated with soil collapse to less than significant.

Located on Expansive Soil
A full discussion and analysis is included in the Draft EIR, Chapter 4.6 Geology and Soils, pages

4.6-20 and 4.6-21, and Appendix G Geotechnical and Infiltration Investigation.

Mitigation Measures
To mitigate potential project specific and cumulative eifects associated with development on expansive soil, the following mitigation measures are hereby adopted and will be implemented consistent with the MMRP:

GEO-1 All earthwork including excavation, backfill and preparation of the oberetion as posing o al gathed soil generoe followine
Besconi cal engines from the field investor the propose, pabert are testing and geotechnical engineering analysis.
• Stripping: Areas to be graded shall be cleared of any existing structures surface, and subsurface improvements, vegetation, the associated root systems, concrete and debris. All areas scheduled to receive fill should be cleared of any oversized or unsuitable material that should be removed off site. Voids left by obstruction shall be properly backfilled in accordance with the compaction recommendations of the Geotechnical Investigation.
• Preparation of the Building Areas: In order to achieve firm and uniform bearing conditions, over-excavation and re-compaction shall occur throughout the building areas. All artificial fill soil and low density near surface native soil should be removed to a depth of at approximately 3 feet below existing grade or 2 feet below the bottom of the footings, vhichever is deeper. Remedial grading should extend laterally, ninimum of five feet beyond the building perimeter. The soil expose by over-excavation should be scarified, moisture conditioned to near optimum moisture content and compacted to at least 90 percent relative compaction.
37 -150-
• Compaction: The soil removed by over-excavation and any other material to be used as engineered fill soil should be free of organic material, debris, and any deleterious substances and should not contain irreducible matter greater than 8 inches in maximum dimension. The soil removed during over-excavation and all fill materials should be placed in thin lifts not exceeding six inches in a loose condition at over optimum moisture content. If import fill is required, the material should be of non-expansive nature and shall meet the following criteria:

Plastic Index Less than 12
Liquid Limit Less than 35
Percent Soil Passing #200 Sieve Between 15% and 35%
[Maximum Aggregate Size 3 Inches
The subgrade and all fill material shall be compacted with acceptable compaction equipment, to at least 90 percent relative compaction. The bottom of the excavation should be observed by a representative of Sladden Engineering prior to fill placement. Compaction testing should be performed on all lifts in order to verify proper placement of the fill materials.
• Shrinkage and Subsidence: Volumetric shrinkage of the material that is excavated and replaced as controlled compacted fill shall be anticipated.

It is estimated that shrinkage could vary from 10 percent to 20 percent.

Subsidence of the surfaces that are scarified and compacted shall be between 1 and 3 tenths of a foot. This will vary depending upon the type of equipment used, the moisture content of the soil at the time of grading and the actual degree of compaction attained
Stabilization: Deeper excavations will likely require stabilization due to shallow groundwater conditions. A gravel/crushed rock layer approximately 2 feet thick should be placed within the excavation bottoms to provide a stable working platform and to promote drainage and removal of groundwater that seeps into the excavation. The gravel/crushed rock should be surrounded by an appropriate filter fabric to prevent the migration of fines during dewatering operations. Geogrid reinforcement should be placed withing the gravel/crushed rock.

GEO-2
E533E2
38 -151-
isolated pad footings may be designed using an allowable (net) bearing pressures of 1,800 and 2,000 pounds per square foot (pst), respectively.

Allowable increases of 250 psf for each additional 1 foot in width and 250 psf for each additional 6 inches in depth may be utilized, if desired. The maximum allowable bearing pressure should be 3,000 psf. The maximum bearing pressure applies to combined dead and sustained live loads. The allowable bearing pressure may be increased by one-third when considering transient live loads, including seismic and wind forces.

Based on the allowable bearing pressures recommended above, the total static settlement of the shallow footings is anticipated to less than one-inch, provided that foundation preparation conforms to the recommendations provided in this report. Differential static settlement is anticipated to be approximately one-half the total static settlement for similarly loaded footings spaced up to approximately 40 feet apart.

Lateral load resistance for the spread footings will be developed by passive soil pressure against the sides of the footings below grade and by friction acting at the base of the concrete footings bearing on compacted fill. An allowable passive pressure of 250 psf per foot of depth may be used for design purposes. An allowable coefficient of friction 0.40 may be used for dead and sustained live loads to compute the frictional resistance of the footing placed directly on compacted fill. Under seismic and wind loading conditions, the passive pressure and frictional resistance may be increased All footing excavations should be observed by a representative of the utility trenches should not be stockpiled within the building envelope or in areas of exterior concrete flatwork. All footings should be reinforced in accordance with the project Structural Engineer's recommendations.

GEO-3 Slabs on Grade: Concrete slabs-on-grade must be placed on properly ompacted engineered fill as outlined in the Geotechnical Report. The sla aborades should remain at over optimum moisture content and should no Be him and yeting Distibed sol abould be removed and tech replaced Floor slab thickness and reinforcement should be determined by the Structural Engineer. Based on the anticipated use, a minimum floor slab thickness of 5.0 inches and minimum slab reinforcement of #4 bars at 24 39 -152-
inches on center. All slab reinforcement should be properly supported to ensure that reinforcement is placed at slab mid-height.

Slabs with moisture sensitive surfaces should be underlain with a moisture vapor retarder consisting of polyvinyl chloride membrane such as 10-mil visqueen, or equivalent. All laps within the membrane should be sealed and at least 2 inches of clean sand should be placed over the membrane to promote uniform curing of the concrete. To reduce the potential for punctures, the membrane should be placed on a pad surface that has been graded smooth without any sharp protrusions. If a smooth surface cannot be achieved by grading, consideration should be given to placing a 1-inch thick leveling course of sand across the pad surface prior to placement of the membrane.

GEO-4 Exterior Concrete Flatwork: To minimize cracking of concrete flatwork, the subgrade soil below concrete flatwork areas should be compacted to a minimum of 90 percent relative compaction. A representative of the project geotechnical consultant should observe and verity the density and moisture content of the soil prior to concrete placement.

GEO-S Utility Trench Backfill: All utility trench backfill should be compacted to a minimum of 90 percent relative compaction. Trench backtill materials should be placed in lifts no greater than six inches in a loose condition moisture conditioned (or air-dried) as necessary to achieve over optimum moisture content, and then mechanically compacted to a minimum of 90 percent relative compaction. A representative of the project soil engineer should test the backfill to verify adequate compaction.

GEO-6 Drainage: All final grades should be provided with positive gradients away from foundations to provide rapid removal of surface water runott to an adequate discharge point. No water should be allowed to be pond on or immediately adjacent to foundation elements. In order to reduce water infiltration into the subgrade soil, surface water should be directed away rom building foundations to an adequate discharge point. Subgrad rainage should be evaluated upon completion of the precise grading plar and in the field during grading.

GEO-7
using "active" pressures. Active pressures may be estimated using an equivalent fluid weight of 35 pcf for native backfill soil with level drained pressures should be utilized for restrained
wals. cos pressures mast eisure said be uivate or retrie. 40 -153-
GEO-8 Corrosion Series: The soluble sulfate concentrations of the surface soil was determined to be 180 parts per million (ppm). The soil is considered to have a "very low" corrosion potential with respect to concrete in accordance with ACI 318. The use of Type V cement and special sulfate resistant concrete mixes will be necessary. Soluble sulfate content of the surface soil should be reevaluated after grading and appropriate concrete mix designs should be established based upon post-grading test results.

The pH levels of the surface soil was determined to be 9.2. Based on soluble chloride concentration testing (80 ppm), the soil is considered to have a "very low" corrosion potential with respect to normal grade steel. The minimum resistivity of the surface soil was found to be 1,600 ohm-cm, that suggests the site soil is considered to have a "moderate" corrosion potential with respect to ferrous metal installations. A corrosion expert should be consulted regarding appropriate mitigation measures for corrosion sensitive materials.

Findings
Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEOA Guidelines, the City Council finds that, for each of the significant effects relating to development on expansive soil discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen such significant environmental effects as identified in the Final EIR, and further finds that all such effects will be mitigated to less than significant levels through implementation of Mitigation Measures GEO-1 through GEO-8, as recommended in the Final EIR, which have been adopted by the City and are enforceable through the MMRP and project conditions of approval.

Discussion of Facts and Analysis Supporting the Findings The surface soil at the project site consists of clayey sand. While the geotechnical investigation concluded that the materials underlying the site are considered to have a "very low" expansion potential, the significant grading expected at the site could alter the expansiveness of the soil by nixing in some of the underlying alluvium. Mitigation Measure GEO-1 requires that all grading e performed under the observation and testing of a qualified soil engineer, and that after remedia grading, all compacted fill is properly tested. With the implementation of the proposed mitigation neasures, the impact will be less than significant
Impacts to a Unique Paleontological Resource, Site or Unique Geologic Feature A full discussion and analysis are included in the Draft EIR, Chapter 4.6 Geology and Soils, page

4.6-21 and Appendix G Geotechnical and Infiltration Investigation and Appendix H Paleontological Resources Assessment.
41 -154-
Mitigation Measures
To mitigate potential project specific and cumulative effects on a unique paleontological resource, site or geologic feature, the following mitigation measure is hereby adopted and will be implemented consistent with the MMRP:

GEO-9 All earth-moving operations reaching beyond the depth of three feet shall be monitored by a qualified paleontological monitor. The monitor shall be empowered to stop earth moving activities if fossils are identified. The monitor shall be prepared to quickly salvage fossils, but must have the ›ower to temporarily halt or divert construction equipment to allow fo emoval of abundant or large specimens. A monitoring plan shall b provided to the City prior to the issuance of any earth moving permit, or the disturbance of any soils on the site, which will include:
• Samples of sediments shall be collected and processed to recover small fossil remains.
• Recovered specimens shall be identified and curated at a repository with permanent retrievable storage that would allow for further research in the future.

A report of findings, including an itemized inventory of recovered Findings
Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for the significant effects relating to paleontological resources discussed in the Final BIR, changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen such significant environmental effects as identified in the Final EIR, and further finds that all such effects will be mitigated to less than significant levels through implementation of Mitigation Measure GEO-9, as recommended in the Final EIR, which has been adopted by the City, and is enforceable through the MMRP and project conditions of approval.

Discussion of Facts and Analysis Supporting the Findings The project specific paleontological report included both a records search and field surveys, an hile no significant resources were found or identified on site, the report concluded that there is :
potential for the presence of Pleistocene-age alluvium to occur at greater depths at the site, since deposits have been well documented in southern California. Pleistocene-age alluvium generally has a high potential to contain significant, nonrenewable fossil remains, at unknown depths below surface. This is considered a potentially significant adverse effect. In order to reduce impacts to paleontological resources encountered at depth on the project site, Mitigation Measure GEO-9 requires all earthmoving operations reaching beyond the depth of three feet to be monitored by a 42 -155-
qualified paleontological monitor and continuous monitoring will become necessary if fossils are encountered. With implementation of this mitigation measure, impacts associated with fossils on the project site will be less than significant.

HAZARDS AND HAZARDOUS MATERIALS
Transport, Use, or Disposal of Hazardous Materials Including Accidental Release A full discussion and analysis are included in the Draft EIR, Chapter 4.8 Hazards and Hazardous Materials, pages 4.8-17 through 4.8-24, and Appendix J Phase I Environmental Site Assessment (ESA)
Project Design Features/Conditions of Approval
Proposed building locations and design will be consistent with applicable State and local construction requirements and standards. Hazardous materials used during construction and Apertionaly the prior il be paiend accordine to maderatura, and registy rendards, standards.

Mitigation Measures
To mitigate potential project specific and cumulative effects caused by the transport, use or disposal of hazardous material, including accidental release, the following mitigation measures are hereby adopted and will be implemented consistent with the MIMRP:

HAZ-1 The project is required to comply with the most current Construction General Permit (CGP) (Order No. 2009-0009-DWQ as amended by 2010-0014- DWQ and 2012-0006-DWQ). Compliance with the CGP involves the development and implementation of a project-specific Stormwater Pollution Prevention Plan (SWPPP). The required plan will identify the locations and types of construction activities requiring BMPs and other necessary compliance measures to prevent soil erosion and stormwater runoff pollution. A Notice of Intent (NOI) to implement a SWPPP must be Tracking System (SMARTS), in which a Waste Discharge Identification (WDID) number will be issued. The SWPPP and WDID must be kept on- HAZ-2 Should the project store 200 or more cubic feet of compressed gas at the coject site, the project shall prepare a Hazardous Materials Business Pla IMBP), as required by Chapter 6.95 of the California Health and Safe Code HS) and enforced by the Riverside County Department of Environmental Health (DE). HMBPs must include at least the following:
• A list of the chemical name and common names of every hazardous 43 -156-
• The category of waste, including the general chemical and mineral composition, of every hazardous waste handled by the business; • The maximum amount of each hazardous material or mixture containing a hazardous material that is present onsite;
• Sufficient information on how and where the hazardous materials are handled by the business to allow fire, safety, health, and other appropriate personnel to prepare adequate emergency responses to potential releases of the hazardous materials;
• Emergency response plans and procedures in the event of a reportable release or threatened release of a hazardous material; and • Training for all new employees and annual training, including refresher courses, for all employees on safety procedures in the event of a release or threatened release of a hazardous material.

HAZ-3 The project would be required to comply with Occupational Safety and obtain and develop Safety Data Sheets (SDSs). Employers must have al SDS in the workplace for each chemical they use.

HAZ-4 The project shall dispose of all cannabis plant waste in accordance with Section 17223 of the Department of Cannabis Control (DCC) Medicinal and Adult-Use Commercial Cannabis Regulations, California Code of Regulations (CCR) Title 4. This document establishes requirements for the lisposal of cannabis waste and the reporting of cannabis waste disposal HAZ-5 The project shall dispose of light bulbs used for indoor cultivation at a certified facility that accepts commercial hazardous waste. Closest hazardous waste site to the project is Environmental Logistics, located at 140 West Monte Avenue, in Bloomington California. The project will be required to receive approval from Environmental Logistics, pay the associated fee, and coordinate waste pick-up. Environmental Logistics rovides pick-up services, and all waste is picked up in Department c ransportation (DOT) certified containers and transported to their facilitie 44 -157-
Findings
Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for the significant effects relating to the transport, use, or disposal of hazardous material, including accidental release, discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen such significant environmental effects as identified in the Final EIR, and further finds that all such effects will be mitigated to less than significant levels through implementation of Mitigation Measure HAZ-1 through HAZ-5, as recommended in the Final EIR. which has been adopted by the City, and are enforceable through the MMRP and project conditions of approval.

Discussion of Facts and Analysis Supporting the Findings Although the facilities are not expected to involve as a primary activity, the routine transport, use, or disposal of hazardous materials in quantities or in a manner that would pose a threat to the project site or its surroundings or create a significant hazard due to accidental release, construction of the proposed project is expected to involve the temporary management and use of oils, fuels and other potentially flammable substances that power and lubricated construction equipment. To prevent a threat to surface water during construction, the management of potentially hazardous materials and other potential pollutant sources will be regulated through the implementation of measures required in the SWPPP for the project. Best management practices (BMPs) are required in the SWPPP for proper material delivery and storage; material use; and spill prevention and control. These temporary measures outline the required physical improvements and procedures to prevent impacts of pollutants and hazardous materials to workers and the environment during construction. In addition, perimeter controls (fencing with wind screen), linear sediment barriers (gravel bags, fiber rolls, or silt fencing), and access restrictions (gates) would help prevent temporary impacts. Mitigation measure HWQ-1 requires the project to develop and implement the SWPPP in compliance with the requirements of the Construction General Permit. With the implementation of Mitigation Measure HWQ-1, less than significant impacts are anticipated during construction.

Offsite improvements will connect the project's proposed sewer lines to the existing City of Blythe sewer lines in Hobsonway. The proposed sewer line will extend approximately 1,200 teet east to connect to an existing manhole. Construction for the proposed sewer line connection would occur in the existing road right-of-way. Similar to on-site improvements, construction of the off-site improvement is expected to involve the temporary management and use of oils, fuels and other potentially flammable substances. Off-site construction activities would require the implementation of appropriate BMPs in order to reduce the risk of spills and leaks of hazardous materials used. Therefore, impacts are anticipated to be less than significant.

The proposed project includes twelve commercial buildings for the cultivation of cannabis. The proposed project will require the storage or handling of hazardous materials, as defined in Chapter

8.64 of the Riverside County Municipal Code, including storage of CO2 and propane emergency back-up generator(s), and shall be required to follow the procedures established in the Municipal Code and Chapter 6.95 of the HSC. This is required in Mitigation Measure HAZ-2. Adherence to 45 -158-
federal, State, and regional regulatory standards listed above, and included as Mitigation Measure HAZ-2, will ensure impacts related to the storage and the risk of accidental releases of hazardous materials associated with the project are less than significant. This conclusion is further supported by the fact that the project must comply with DCC's Emergency Regulations Section 16307, which further regulates pesticide use for cannabis projects.

The Occupational Safety and Health Administration (OSHA) Regulations ensures safe and healthful conditions for workers by setting and enforcing standards and by providing training, outreach, education, and assistance. To fulfill this purpose, OSHA develops and enforces mandatory job safety and health standards. These standards are codified in 29 CFR Part 1910, which address issues that range in scope from walking and working surfaces, to exit routes and emergency planning, to hazardous materials and personal protective equipment. They include requirements that employers pro of perinal protes maquila, in tuding espite, as well es it is necessary (i.e., when required by the label instructions). OSHA standards also require that chemical manufacturers and importers obtain and develop Safety Data Sheets (SDSs). Employers must have an SDS in the workplace for each chemical they use. Commercial cannabis operations such as the proposed project would be required to comply with OSHA regulations and standards, including worker personal protective equipment requirements, and maintaining SDSs for each chemical they use to protect the health of workers. Additionally, hazardous materials, if onsite, will be handled in compliance with manufacturer's standards to ensure proper use and handling.

This is required in Mitigation Measure HAZ-3.

Maintenance of the proposed buildings would not result in the use of hazardous materials in amounts that exceed what is typically required for commercial buildings. The handling, application, and storage of cleaning agents, building maintenance products, paints, solvents and other related substances expected to carry out the necessary operations within the project will occur in a manner typical of existing agricultural projects throughout the City. However, these materials would not be present in sufficient quantities to pose a significant hazard to public health and safety, or the environment.

Additionally, the materials required for the maintenance of landscaped areas (i.e., fertilizers, etc.), the proposed buildings, and the cannabis cultivation operations will be stored onsite and regulated by State and local law, including Fire Department regulations requiring proper storage and inspection and DCC Regulation 16307. These regulations, including those imposed by the State, County of Riverside and the City Fire Department, are designed to lower impacts to less than significant levels. Compliance with these procedures will ensure that the use, transport, and disposal of hazardous materials would not impact the public or environment or result in the accidental release of hazardous materials. Less than significant impacts are anticipated during project operation.

Green waste is generated throughout the cannabis cultivation process. Pruning, the removal of nuisance weeds, the removal of plants that fail to reach maturity, and the removal of other plant material residuals that are unused following harvesting, and processing, all generate green waste.

Cannabis waste includes any material intended for disposal that contains cannabis but is not 46 -159-
otherwise considered a hazardous waste. Cannabis waste consisting solely of plant material shall be considered an organic waste as defined in Public Resources Code section 42649.8(d).

According to Section 17223 of the Department of Cannabis Control (DCC) Medicinal and Adult- Use Commercial Cannabis Regulations, CCR Title 4, a cannabis licensee shall dispose of all waste in accordance with the Public Resources Code and any other applicable State and local laws. The project will be required to comply with the established regulations regarding disposal and reporting. This is required as Mitigation Measure HAZ-4.

Additionally, indoor cultivation operations may use high powered lights, which could contain lazardous components that could enter the environment during disposal. High-intensity discharg HID bulbs are one type of light bulb used in horticulture and are defined by the type of gas use recthe but, such as met contains aproxind big pressure sodiuy atter to bull are nor, light-emitting diodes (LEDs) are both more energy efficient and include less hazardous materials than HID bulbs. The project will use a mix of 1,000-watt HPS DE bulbs and 640-watt LED lights in building 1. The HPS bulbs will be changed annually and converted to LED lights when building 3 is complete. Buildings 2 through 12 will have 1,225 LED bulbs in each building. The lifespan of LED bulbs are estimated to be 5 to 7 years.

The project will be required to consult with Environmental Logistics to receive approval and set up an account in their database. Once approval is achieved, the project would coordinate with Environmental Logistics to schedule waste pick-ups. Environmental Logistics provides pick-up services, and all waste is picked up in Department of Transportation (DOT) certified containers and transported to Environmental Logistics' facilities. The project's coordination with waste disposal services is required as Mitigation Measure HAZ-5. Adherence to federal, State, and regional regulatory standards, included as Mitigation Measures HAZ-4 and HAZ-5, will ensure impacts related to the disposal of hazardous materials associated with the project are reduced to less than significant levels.

Sites with Known Hazardous Materials Pursuant to Government Code section 65962.5 Government Code section 65962.5 requires that a list of the location of hazardous materials release Drah Er, (ingden 4 & Hazards and Hazardous Matcuts, page 45-24 tart in 48-24, tha Appendix J Phase I Environmental Site Assessment (ESA)
Mitigation Measures
To mitigate potential project specific and cumulative effects caused by onsite hazardous materials, the following mitigation measure is hereby adopted and will be implemented consistent with the MMRP:

HAZ-2 Should the project store 200 or more cubic feet of compressed gas at the project site, the project shall prepare a Hazardous Materials Business Plar 'HMBP), as required by Chapter 6.95 of the California Health and Safety 47 -160-
Code (HS) and enforced by the Riverside County Department of Environmental Health (DEH). HMBPs must include at least the following:
• A list of the chemical name and common names of every hazardous substance or chemical product handled by the business;
• The category of waste, including the general chemical and mineral composition, of every hazardous waste handled by the business; • The maximum amount of each hazardous material or mixture containing a hazardous material that is present onsite;
• Sufficient information on how and where the hazardous materials are handled by the business to allow fire, safety, health, and other appropriate personnel to prepare adequate emergency responses to potential releases of the hazardous materials;
• Emergency response plans and procedures in the event of a reportable release or threatened release of a hazardous material; and • Training for all new employees and annual training, including refresher courses, for all employees on safety procedures in the event of a release or threatened release of a hazardous material.

Findings
Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for the potentially significant effects relating to the on-site hazardous materials discussed in the Final EIR, changes or alterations have been require n, or incorporated into, the project which avoid or substantially lessen such significan environmental effects as identified in the Final EIR, and further finds that all such effects will be mitigated to less than significant levels through implementation of Mitigation Measure HAZ-2, as recommended in the Final EIR, which has been adopted by the City, and is enforceable through the MMRP and project conditions of approval.

Discussion of Facts and Analysis Supporting the Findings A search of three databases, GeoTracker, EnviroStor and the EPA Enforcement and Compliance History Online (ECHO), revealed that the project site is not a hazardous materials release site, and therefore, development of the site would not create a significant hazard to the public or the environment. Two of the three databases, Geo Tracker and ECHO, listed sites within a half-mile radius of the project. The GeoTracker database mapped 14 registered Leaking Underground Storage Tank (LUST) Cleanup Site within a half-mile radius of the project site; only 2 do not have a status of "Completed Case Closed". AAA Air Conditioning and USA Self Service are located approximately 0.25 miles east of the project and contain a status of "Open (inactive)" and "Open Site Assessment" respectively. Per the most recent documentation provided by GeoTracker for the USA Self Service site, a low threat UST closure policy (LTCP) checklist was completed in September 2021, which stated that the unauthorized release from the system has been stopped and free product has been removed to the maximum extent practicable; however, the site assessment 48 -161-
continues. AAA Air Conditioning Site's status of Open (inactive) is because the multiphase extraction (MPE) remedial system is on hold due to the funding short fall.

Similar to the GeoTracker database, the ECHO database highlighted seven facilities within a half- mile radius of the proposed project. Due to the distance of these sites from the project property and their current statuses of "no violation," they are not likely to impact the project site.

The EnviroStor database did not identify any LUST Cleanup Sites, Land Disposal Sites, Military Sites, DTSC Hazardous Waste Permits, DTSC Cleanup Sites, or Permitted Underground Storage Tanks on or around the project property. The registered sites maintain statuses of "Completed - Case Closed" and "no violation." Additionally, the project property was not registered on the researched databases above. Therefore, hazardous waste sites will have no impact on the proposed project.

Historical aerial imagery indicates that the site has operated as agricultural land since at least 1948.

Agricultural activities typically include the storage and periodic application of pesticides, herbicides and fertilizers. At this time, no agricultural equipment or infrastructure are present on- site; however, the site is in active use for cultivation of row crops. No fertilizer or related chemical storage related to existing/current farming activities exist onsite.

The Phase I ESA evaluated the likelihood of contamination of the subject site as a result of either past or present land-use practices and the potential for future environmental contamination which may occur as a result of operations and maintenance activities at either the subject site or properties adjoining the subject site, thereby identifying real or potential environmental impact to the project site. The Phase I ESA did not identify recognized environmental conditions, controlled recognized environmental conditions, or historical recognized environmental conditions in connection with the project site. Therefore, the Phase I ESA concluded that the presence or likely presence of any hazardous substances or petroleum products in, on, or at the project site do not exist.

Due to the regulation of cannabis cultivation methods and materials, the proposed project will not generate hazardous materials that would exacerbate the facilities registered on the list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. Additionally, the project would not create a significant hazard to the public or the environment. The project will not xacerbate risks or impacts associated with the registered sites with the implementation o Mitigation Measure HAZ-2
Effect on an Emergency Response Plan
The project will be reviewed by City staff and police and fire department officials to ensure dequate fire service and safety as a result of project implementation. Potential impacts ar herefore determined to be less than significant. A full discussion and analysis are included in the Draft EIR, Chapter 4.8 Hazards and Hazardous Materials, page 4.8-28 through 4.8-30, and Appendix J Phase I Environmental Site Assessment (ESA)
49 -162-
Mitigation Measures
To mitigate potential project specific and cumulative effects to critical facilities, emergency transportation and circulation, or emergency preparedness coordination, the following mitigation measure is hereby adopted and will be implemented consistent with the MMRP:

HAZ-6 The project shall be required to have certification from and comply with local jurisdictions, including the City of Blythe and the Fire Department, to ensure building, electrical, and fire codes are properly implemented at the site.

Findings
Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for the potentially significant effects on an emergency response plan discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen such significant environmental effects as identified in the Final EIR, and further finds that all such effects will be mitigated to less than significant levels through implementation of Mitigation Measure HAZ-6, as recommended in the Final EIR, which has been adopted by the City, and is enforceable through the MMRP and project conditions of approval.

Discussion of Facts and Analysis Supporting the Findings Per the General Plan, the City of Blythe is able to adequately provide the needed fire and police facilities and services. Construction of the roadway and related improvements along Hobsonway will occur during development of the project, including the underground connection of the proposed project sewer lines to the existing City sewer lines, located approximately 1,200 feet east of the project along Hobsonway. Project implementation is not expected to interfere with the critical facilities, emergency transportation and circulation, or emergency preparedness coordination because prior to construction, both the Fire Department and Police Department will

HYDROLOGY AND WATER QUALITY
Compliance with Water Quality Standards or Waste Discharge Requirements A full discussion and analysis are included in the Draft EIR, Chapter 4.9 Hydrology and Water Quality, pages 4.9-12 through 4.9-14, and Appendix K Preliminary Hydrology Report. 50 -163-
Project Design Features
The project involves an on-site private storm drain system with distributed facilities designed to properly convey, capture, and retain stormwater runoff on-site while achieving compliant surface water quality management and protecting on- and off-site property from the incremental increase in stormwater volume resulting from the controlling (worst-case) storm event for the project's hydrologic area. The improvements are also required to demonstrate compliance with the City's drainage standards, such that they include proper grading, erosion control, and prevention of sedimentation or damage to off-site properties under Section 16.32.040 of the City's Code of Ordinances.

Per the preliminary grading plan and hydrology report, stormwater runoff from a majority of the project's outdoor impervious surfaces (rooftops, hardscape, pavement) will be conveyed in a controlled manner via sheet and gutter flows into multiple catch basins connected via sub-surface lines to designated underground storage structures. The project involves a total of 18 underground retention locations expected to consist of perforated storage pipe, sized and configured according to the site-specific geotechnical considerations. These facilities are distributed throughout the north, center, and south portions of the site to prevent concentrated flows and to manage the size of their respective tributary areas.

Furthermore, runoff volumes in excess of the underground storage capacity and from a central portion of the project will be conveyed via sheet and gutter flows into two equally sized and centrally located surface retention basins with a depth of 3 feet and a combined area of approximately 1.5 acres. These surface basins will have a 3-to-1 maximum side slopes for stability with inflow occurring via multiple 3-foot-wide concrete "U" channels with rip-rap at the outlets as a form of energy dissipation for erosion and siltation control. The combined retention capacity to be provided by the project is estimated at 210,348 cubic feet, sufficient to contain the incremental increase in stormwater volume resulting from the controlling 100-year storm event for the project's hydrologic area.

By design, the south half of the Hobsonway frontage will be improved and allowed to drain into the on-site storm facilities via proposed curb and gutter. This design will improve upon the stormwater management for a portion of the public street, which currently has unimproved shoulders and lacks proper storm drain facilities. The existing irrigation facilities along the east, north, and west edges of the project site will not be hydrologically connected to or comingled with the on-site storm drain facilities as part of the routine operations. Instead, they will be improved with new irrigation culverts to enhance their delivery efficiency and will be separated from project runoff by barrier curb and proper grade separations.

The purpose and function of the underground and surface retention facilities introduced with the project is to collectively accept and percolate the site's incremental increase in stormwater volume generated from the worst-case 100-year storm event. These facilities will only accept runoff from outdoor surfaces (surfaces exposed to rain), such as rooftops, hardscape, paved areas, and landscaping. These facilities are not designed or allowed to accept non-stormwater flows or any other discharges generated from indoor operations. All storm drain facilities will be subiect t proper inspection, operation and maintenance during the life of the project to maintain their 51 -164-
effectiveness. To prevent stormwater from being exposed to potential pollutants, the project will implement a binding Water Quality Management Plan with source control measures and best management practices for pollution prevention. Through the on-site containment and protection of surrounding uses, the project will prevent stormwater discharge in a manner that results in off-site hydrologic modifications or impairments to downstream resources.

Mitigation Measures
To mitigate potential project specific and cumulative effects related to hydrology and water quality, the following mitigation measure is hereby adopted and will be implemented consistent with the MMRP:

HWQ-1 The project proponent must comply with the most current Construction General Permit (CGP) (Order No. 2009-0009-DWQ as amended by 2010- 0014-DWO and 2012-0006-DWQ). Compliance with the CGP involves the development and implementation of a project-specific Stormwater Pollution Prevention Plan (SWPPP), which is designed to reduce potential adverse impacts to surface water quality during the period of construction. The SWPPP must identify the locations and types of construction activities requiring BMPs and other necessary compliance measures to prevent soil erosion and stormwater runoff pollution. A Notice of Intent (NOD) to implement a SWPPP must be submitted to the State Water Resources Control Board (SWRCB) who will issue a Waste Discharge Identification (WDID) number. The SWPPP and WDID must be kept on site during the period of construction.

Findings
Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for the potentially significant effects relating to potential violations of any water quality standards or waste discharge requirements or substantial degradation of surface or ground water quality discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen such enforceable through the MIMRP and project conditions of approval.

Discussion of Facts and Analysis Supporting the Findings The construction and operation of the project will be required to comply with Statewide NPDES Construction General Permit, the coverage of which is obtained from the California Water Boards by filing the proper registration documents and associated compliance plans to prevent violations or impacts to surface water quality standards and waste discharge requirements pertinent to surface or ground water quality. These requirements include development and implementation of a project- specific storm water pollution prevention plan (SWPPP) prepared by a registered Qualified 52 -165-
SWPPP Developer (QSD) professional to prevent potential adverse impacts to surface water quality during the entire period of construction and for all disturbed land surface areas, including those associated site preparation, mobilization, grading, and vertical construction activities through completion and final stabilization. The development will be required to implement mitigation measure HWQ-1, which involves temporary controls under the scope of the SWPPP and NPDES CGP framework. Upon construction completion and during the life of the project, the operations will rely on the permanent Project Design Features for stormwater management as the method to prevent violations or impacts to surface water quality standards and waste discharge requirements pertinent to surface or ground water quality. In addition, the project is subject to the Department of Cannabis Control's Emergency Regulations, which include requiring compliance with the water quality measures set forth in Section 13149 of the Water Code and Section 26060.1(b)(1) of the Business & Professions Code. Accordingly, impacts to water quality are reduced to less than significant with the implementation of mitigation.

III. FINDINGS REGARDING IMPACTS DETERMINED TO BE LESS THAN

SIGNIFICANT
The Final EIR also determined, based upon substantial evidence in the record, the following impacts associated with the project are less than significant and, therefore, require no mitigation measures. The City hereby adopts the findings, analysis, and conclusions regarding these potential impacts set forth in the Final EIR, and incorporates the same herein by this reference.

AESTHETICS
Effects on Scenic Vistas.

A full discussion and analysis of whether the project would have impact on a scenic vista are included in the Draft EIR, Chapter 4.1 Aesthetics, pages 4.1-8 through 4.8-22, and Appendix B Photometric Plan.

Project Design Features
The project will implement design features that will reduce the project's impact on the distant emic vistas, including setbacks s n the public eins-of- way and unidise his hitly that th uilding setbacks and height limits will reduce the massing c mountains would be visible between the buildings and only periodically obstructed by the structures.

Blythe Municipal Code Section 17.12.040, C-N, C-C, C-G, I-S, I-G, and P/Q-P setback requirements, establishes setback requirements for non-residential zones. Section 17.12.040 requires a minimum setback of 10 feet from a building to the front of the property (adjacent to a street), and a minimum building setback of 5 feet from a building to the rear of the property (adiacent to a street). The frontage of the project is located adjacent to Hobsonway. The setback from Hobsonway to the project's buildings varies from approximately 165.3 feet to approximately 167 feet. The rear of the project is located adjacent to Interstate 10. The building setback from Interstate 10 varies from 85.4 feet to 121.7 feet (building to property line). The building setbacks 53 -166-
are compliant with the zoning code established in the Blythe Municipal code. Additionally, the property is located between 5 and 8 feet below the grade of the two adjacent roadways.

In addition to building setbacks, the Municipal Code also establishes guidelines for building heights. Per Section 17.10.040(B), Building height, non-residential building heights are allowe to be a maximum of 34 feet in height. The project proposes a 30-foot building height, and i therefore, compliant with the Municipal Code. Impacts will be less than significant.

Findings
The City Council finds that the project site is currently located an average of 5-8 feet below the grade of the existing surrounding roadways and the project will implement design features that will reduce the project's impact on the distant scenic vistas, including setbacks from the public rights-of-ways and building height limits. Therefore, the project would be considered to have a less than significant impact. No mitigation measures are necessary.

Discussion of Facts and Analysis Supporting the Findings The evaluation of scenic vistas takes into consideration the physical compatibility of proposed projects in relation to land uses, transportation corridors, or other vantage points, where the enjoyment of unique vistas may exist, such as residential areas or scenic roads. To avoid the negative impacts new development can potentially inflict on scenic vistas, the Blythe General Plan 2025 establishes policies and programs to reduce impacts on aesthetic resources. Further, Chapter 17, Zoning, in the Blythe Municipal Code (MC) establishes standards and guidelines, such as limiting structure height and controlling building mass and scale, for various zones within the City.

The Chapter 17 zoning standards implement appropriate standards and guidelines for land uses within the City General Plan.

The surrounding mountains contribute to the scenic vistas observed in Blythe and near the project site. From the project property, the Big Maria Mountains to the north are distant and somewhat interrupted by existing infrastructure (i.e., utility poles), topography, and vegetation. McCoy Mountain is also distant and partially visible from the project property. Similar to the views of Big Maria Mountain, McCoy Mountain is largely obstructed by existing infrastructure, landscaping and structures. Mule Mountain, Cunningham Mountain, and Trigo Mountain are distant and largely obstructed by existing natural features, developed properties and landscaping, only making the peaks of these mountains visible at the project site.

According to the Blythe General Plan, scenic vistas are viewed from the roadways in the City and should be preserved. The property is currently located an average of 5 feet below the grade of the existing roadway. From the segment of Hobsonway adjacent to the project site views of Big Maria Mountain are visible to the north, McCoy Mountain is partially visible to the west, Mule Mountain to the southwest is largely obstructed by existing vegetation and structures, Cunningham Mountain to the east is distant and partially obstructed by existing structures, infrastructure and landscaping, and Trigo Mountain is distant and partially interrupted by existing topography, structures and landscaping/vegetation to the south. Development of the project will not obstruct views of Big Maria, McCoy, Mule, and Cunningham Mountains. Development of the project will obstruct the 54 -167-
distant views of Trigo Mountain to the south from the short adjacent segment of Hobsonway more so than it currently is with the current improvements on site, however the view is largely obstructed by existing structures and landscape on other properties, and the project's impacts are considered less than significant.

From the segment of Interstate 10 adjacent to the project site, views of Big Maria Mountain to the north are largely unobstructed; McCoy Mountain to the west are obstructed by the existing vegetation located along the project's western boundary and on the property west of the project; views of Mule Mountain to the southwest are distant and obstructed by existing developments and landscaping; views of Cunningham Mountain to the east are distant and partially obstructed; and views of Trigo Mountain to the south are distant and largely obstructed by existing structures and landscape. Interstate 10 is approximately 8 feet above the grade of the existing project property.

Development of the project will not obstruct views of McCoy, Mule, Cunningham, and Trigo Mountains since the project is located north of Interstate 10. Development of the project will partially obstruct views of Big Maria Mountain when observed from I-10, but such obstructions are not considered significant given the speed at which drivers are passing the partial obstructions created by the project.

The project may obstruct the mountains to the north and south when viewed from public rights- of-way, however, this obstruction will be briet until the pedestrian or motorist travelling along these rights-of-way have passed the project site. The proposed project will not further obstruct views of the mountain ranges west and east of the City when viewed from the adjacent roads.

These mountains include McCoy Mountain, Mule Mountain, and Cunningham Mountain. These mountains will continue to be visible when viewed from the public rights-of-way, Hobsonway and Interstate 10.

With respect to impacts to off-site properties, properties surrounding the project primarily consist of agricultural land. Specifically, properties north of the project (separated by Hobsonway), immediately west of the project, and a property south of the project (separated by Interstate 10) operate as agricultural lands. The property west and south of the project contain a single-family residential home. East of the project site includes C Canal, a vacant lot, and commercial buildings.

The proposed project would potentially result in partial obstruction of views from the existing properties north and south of the project. The base and midrange portion of Big Maria Mountain would be partially obstructed by the project when viewed from the south-lying property.

The project will implement design features that will reduce the project's impact on the distant cenic vistas, including setbacks from the public rights-of-ways and building height limits. Th uilding setbacks and height limits will reduce the massing of the buildings. It is likely that th nountains would be visible between the buildings and periodically obstructed by the proposed tructures. Additionally, the property is located between 5 and 8 feet below the grade of the tw adjacent roadways. The conclusion that the project's effects on scenic vistas is further supported 55 -168-
Impact Scenic Resources within a State Scenic Highway Corridor A full discussion and analysis are included in the Draft EIR, Chapter 4.1 Aesthetics, pages 4.1- 23 through 4.1-24, and Appendix B Photometric Plan.

Findings
The City Council finds that the project site plan and design will comply with General Plan implementing policies to maintain the views of the mountains from the City through design uidelines and standards related to setback, building height, color and materials, as well as landscaping along Interstate 10. Therefore, impacts to image corridors or scenic resources would be less than significant. No mitigation measures are necessary.

Discussion of Facts and Analysis Supporting the Findings There are no State or locally designated scenic highways in the vicinity of the proposed project.

The segment of Interstate 10 from the City's western planning area boundary to the Colorado River is considered an Eligible County Scenic Highway. Interstate 10 is located along the property's southern boundary. As stated in discussion above, from the segment of Interstate 10 adjacent to the project site, views of Big Maria Mountain to the north are largely unobstructed. Therefore, development of the project will partially obstruct views of Big Maria Mountain when observed from Interstate 10. The twelve buildings will be 30 feet in height each, compliant with the Blythe Municipal Code. Additionally, the project will comply with the City setback standards established in the Municipal Code. The General Plan also includes implementing policies to maintain the views of the mountains from the City through design guidelines and standards related to setback, building height, color and materials, as well as landscaping along these corridors. As determined in the discussion above, the project would not result in significant impacts to the surrounding scenic vistas when viewed from the adjacent roadways, including Interstate-10, and the project complies with the City's building height and setback standards. As a standard requirement, the project site plan and design has undergone review by the City to ensure impacts are less than significant. Therefore, impacts to image corridors or scenic resources would be less than significant.

Effects to the Visual Character or Quality of the Site
A full discussion and analysis are included in the Draft EIR, Chapter 4.1 Aesthetics, pages 4.1-24 through 4.1-30, and Appendix B Photometric Plan.

Project Design Features
The development will be cohesive and complementary to the adjacent land uses by incorporating improvements such as landscaping and fencing along the perimeter of the project. The project will include design guidelines for building materials, roof products, building massing and scale, and the perimeter security fence. The project will include materials such as corrugated metal panels in neutral colors such as sandstone as the main exterior color, and brownstone for trim, patio, and door colors. The natural colors of the buildings will complement the existing landscape and the 56 -169-
proposed landscaping. Exhibit 4.1-12 and 4.1-13 in the Draft EIR illustrate the building elevations of buildings 1 and 2.

Findings
The City Council finds that the project is consistent with the visual character and scenic quality of the area. The project's perimeter landscaping, fencing, and the entry points will be similar in appearance and quality to the existing commercial properties to the east. Impacts associated with visual character and scenic quality will be less than significant. No mitigation measures are necessary.

Discussion of Facts and Analysis Supporting the Findings CEQA requires analysis of whether the project, in non-urbanized areas, substantially degrades the existing visual character or quality of public views of the site and its surroundings. Public views are those that are experienced from a publicly accessible vantage point. If the project is in an urbanized area, the analysis is if the project would conflict with applicable zoning and other regulations governing scenic quality. The project site is located at the border of non-urbanized and developed areas of Blythe. Currently, the project site is similar to the northern, western, and southern properties. The project will change the visual character of the site from a relatively undeveloped agricultural fields to an agri-business campus. The project site is located south of Hobsonway, north of Interstate 10, and west of C Canal. The land uses that currently surround the project property consist primarily of agricultural lands to the north, separated by Hobsonway, to the west, and south, separated by Interstate 10. Hobsonway and Interstate 10 are both payed roadways that provide access through Blythe in an east-west trending fashion. East of the project property, and east of C Canal, indicates the start of urban development in the City of Blythe. The area east of the project is characterized by commercial buildings, which contribute to the urban context of the surrounding area.

The site does not obstruct public views of the surrounding scenic vistas, which includes the surrounding mountain ranges and the Colorado River. The Colorado River is located 4.30 miles east of the project, therefore, impacts to the River's scenic vistas would not be impacted by the project.

The mountain ranges that surround the City of Blythe include the Big Maria Mountain to the north, McCoy Mountain to the west, Mule Mountain to the southwest, Trigo Mountain to the south, and Cunningham Mountain to the east. Since the views of the mountains are distant and largely obstructed by existing developments and landscaping, and the project proposes to comply with the City's Municipal Code regarding building design, setbacks, and building height, impacts to the public's view of scenic resources were determined to be less than significant.

The project site, and areas west and east of the project site are located within the City of Blythe's General Commercial (C-G) land use and zoning designation. According to the Blythe General Plan 2025, C-G land use designations are intended to provide for development of community-scale commercial centers with market areas often extending beyond the City limits and immediate environs. Commercial lands along Hobsonway support neighborhood and tourist, as well as 57 -170-
community-scale needs. The project proposes a maximum building height of 30 feet, with one building (Building Number 1) to be 2 stories and complies with the building heights established in the Municipal Code.

The Municipal Code establishes setback requirements for non-residential zones in the City, and requires a minimum setback of 10 feet from a building to the front or side of the property adjacent to a street; a minimum setback of 0 feet from the side (adjacent to an alley or another lot); a minimum building setback of 5 feet from a building to the rear of the property (adjacent to a street); and a minimum building setback of 0 feet from a building to the rear of the property (adjacent to an alley or another lot). The frontage of the project is located adjacent to Hobsonway. The setback from Hobsonway to the project's building varies from approximately 165.3 feet to approximately 167. The rear of the project is located adjacent to Interstate 10. The building setback from Interstate 10 varies from 85.4 feet to 121.7 feet (building to property line). The proposed building setbacks are compliant with the zoning code established in the Blythe Municipal code (Table 4.1-2 in the Draft BIR).

The lot width is approximately 1,304 feet, and the lot depth is approximately 1,047 feet; therefore, the project is compliant with the lot area, width and depth requirements for C-G zones established in the Municipal Code.

The project's landscaping plan proposes the use of trees, palms, shrubs, accents, and groundcovers and includes low water use and low maintenance plantings. The project's landscape complies with the requirements established in the Municipal Code.

The project will also be required to comply with the development and performance standards established in Title 17, Division III of the Municipal Code, which include guidelines for loading areas (Chapter 17.18), trash, storage and utility areas (Chapter 17.20), signs (Chapter 17.26), and lighting (Chapter 17.28).

Light and Glare
The project site does not currently have existing sources of lighting. Development of the project will therefore introduce additional light to the area during construction and operation. A full discussion and analysis is included in the Draft EIR, Chapter 4.1 Aesthetics, pages 4.1-31 through

4.1-33, and Appendix B Photometric Plan.

Findings
The City Council finds that the project is compliant with the Municipal Code lighting system 58 -171-
Discussion of Facts and Analysis Supporting the Findings Presently, existing sources of fixed nighttime lighting in the project vicinity can be attributed to the existing residential structure located west and south of the project, and the commercial areas east and northeast of the project. Additionally, the agricultural properties surrounding the project property (to the north, south, and west) do not contribute to the area's existing ambient lighting, similar to the project site. Street lighting (i.e., light posts) does not occur on the adjacent roadways, Hobsonway to the north and Interstate 10 to the south. The closest signalized traffic intersection is located approximately 0.50 miles east of the subject site, at the Hobsonway and Lovekin Boulevard intersection. Day-time glare and night-time lighting can be attributed to vehicular traffic on these roadways.

During the period of construction, the project is expected to utilize temporary light fixtures as a standard measure of nighttime construction site safety. These fixtures are typically installed on posts and/or on the sides of temporary construction trailers to illuminate stored equipment and building materials. These sources of light are generally downward-oriented, and some are only activated by motion. The temporary construction perimeter fencing (with wind fabric) is expected to visually screen the temporary light fixtures, therefore preventing temporary light spillage effects. The temporary nature of lighting will allow for adjustments to ensure that illumination is properly distributed without affecting adjoining areas and roadways.

For security purposes, the project will provide varied nighttime lighting to safely illuminate the parking areas, entrances, signs, and walkways. Lighting is required to be arranged to reflect away from adjoining properties or any public way and arranged so as not to cause a nuisance either to highway traffic or to the living environment in compliance with the lighting requirements in the City of Blythe Municipal Code. In addition, DCC Regulation 16304 requires such lighting to be downward facing and shielded to substantially reduce or avoid light spillage and glare.

In order to determine the impact of the proposed light fixtures at the project stie, the Draft EIR includes a project-specific photometric plan (Appendix B). Per the photometric plan, the project will emit a maximum of 7.2 foot-candles along the property boundaries. The project will emit a maximum of 1.8 foot-candles along the northern property line; along Hobsonway, the project will contribute a maximum of 5.8 foot-candles. The primary access point and emergency access points roiect entry point locations. Along the western property boundary, the project will emit naximum of 7.2 foot-candles. This maximum illumination will be located along the emergenc access road. Along the southern property boundary, the project will emit a maximum of 1.1 foot- candles adjacent to the Interstate 10 freeway. Finally, along the eastern property boundary, the project will emit a maximum of 0.4 foot-candles.

According to the photometric plan, project light fixtures will consist of downward-oriented post- mounted and wall-mounted fixtures located throughout the project, in compliance with DCO Regulation 16304. The wall-mounted fixtures will provide lighting for building entry ways. sidewalks, and general exterior lighting. The post-mounted fixtures are proposed to be located ir the parking lot areas and along the paved driveways. The downward-oriented fixtures are designec 59 -172-
to not only provide light on the project site, but also to reduce the amount of light emitted towards adjacent properties.

The light fixtures proposed at the project site will comply with the City of Blythe Municipal Code and DCC Regulation 16304, which requires that lights to illuminate private property shall be arranged to reflect away from adjoining property or any public way. Additionally, light fixtures shall be arranged so as not to cause a nuisance either to highway traffic or to the living environment.

Building materials such as corrugated metal panels are proposed to be utilized for the project exterior. The corrugated metal panels will be painted in neutral colors such as sandstone as the main exterior color, and brownstone for trim, patio, and door colors. The building color shall onform to a range of lighter tones to reduce heat gain and be compatible with the desert landscape. herefore, avoiding unnatural and bright building facades and preventing daytime glare. The proposed structures are expected to have natural and light finishes combined with earth-tones that do not have highly reflective properties or other conditions that would cause substantial daytime or nighttime glare. The proposed colors are non-reflective, and glare from project structures would be less than significant.

The use of solar panels is also proposed within the project. By nature, solar panels are designed to absorb as much of the solar spectrum as possible in order to convert sunlight to electricity. Glare from the solar panels will not be significant because they do not create a substantial amount of glint (a momentary flash or bright light) and glare (a reflection of bright light for a longer duration).

Solar panels are constructed of dark-colored (blue or black) materials and are covered with anti- reflective coatings.

Cumulative Impacts to Aesthetics
Finding and Discussion of Facts and Analysis Supporting the Findings The City Council finds that the project will not have any significant cumulative aesthetic impacts.

Visual resources in Blythe at buildout of the General Plan were considered to determine the extent to which the project would impact the resources, consistent the CEQA Guideline 15130(b)(1)(B) approach of using a summary of planned growth projections in an adopted plan. General Plan and zoning policies and standards relating to aesthetic resources and lighting were also analyzed.

As determined in this analysis of project impacts to aesthetic resources, the project would not result in significant impacts to the existing views of scenic resources. Additionally, the project proposes commercial uses that are typical in the City of Blythe. Furthermore, the existing context of the surrounding area includes commercial properties east of the project.

Cumulative projects identified in Table 4.0-1 and Exhibit 4.0-1 of this Draft EIR include seven projects located throughout the City. Of the seven projects, six include cannabis developments primarily located within commercial land uses in the City. The cannabis projects propose commercial buildings varying from 2,450 square feet in size to 107,500 square feet. Buildings proposed for the cannabis cultivation projects would likely be similar in look to the proposed project.
60 -173-
Finally, the cannabis projects are distributed throughout the City, primarily located north and south of Hobsonway on the western side of the City, and south of Interstate 10 on the eastern side of the City (see Exhibit 4.0-1, Cumulative Projects). The remaining cumulative project proposes the development of a single-family residential community located adjacent to an existing single family residential community. The single-family residential project would develop 130 dwelling units that would be consistent in look to the existing residential community adjacent to it. Due to the distributed locations of the cumulative projects throughout the City of Blythe, sufficient viewpoints of the surrounding scenic vistas and visual resources remain within the City.

Therefore, cumulative impacts associated with this scenic resource will be less than significant, because its visibility will be preserved from other public and private vantage points within and surrounding the City. Cumulative visual impacts associated with the mountains, therefore, are expected to be less than significant.

Development of vacant areas throughout the City of Blythe will decrease the number of areas that provide largely unobstructed views of the scenic vistas viewed along public rights-of-ways.

Typically, vacant lots, since they do not have buildings or associated structures, allow motorists and pedestrians to view the natural landscape without obstructions. Future development in the City would be required to abide by the standards of the Municipal Code or future Specific Plans. Review of these projects for consistency with goals, policies and programs established in the General Plan will occur as projects are proposed. Two of the cumulative projects are proposed to be located on the properties west of the project. These are considerably smaller projects (less than 5 acres), but their individual buildings will be somewhat similar in size as the individual buildings for the proposed project. Additionally, since they propose operations similar to the project (commercial cannabis operations), they are also subject to CEQA review and site plan review by the City to they also comply with the Municipal Code. Build out of the cumulative projects are expected to have less than significant impacts on visual character due to the impositions of these regulations.

Cumulative impacts associated with light and glare will result from further development of vacant land as the City continues to build out. The same standards requiring limited lighting and directional and screened lighting included in the Municipal Code will be applied to future projects, as they are proposed. The implementation of these standards and requirements is designed

AIR QUALITY
Consistency with implementation of applicable air quality plans and standards.

As indicated in Tables 4.2-4 and 4.2-5 of the Draft EIR, project construction and operational- source emissions would not exceed applicable thresholds. A full discussion and analysis are 61 -174-
included in the Draft EIR, Chapter 4.2 Air Quality, pages 4.2-9 through 4.2-10, and Appendix C Air Quality Impact Analysis.

Findings
The City Council finds that the project would not have the potential to increase the frequency or severity of a violation in the federal or state ambient air quality for on-going project operations.

The project would conform to local land use plans, comply with all applicable MDAQMD Rules and Regulations, and would not exceed the applicable regional thresholds. Therefore, the Project would be considered to have a less than significant impact. No mitigation measures are necessary.

Discussion of Facts and Analysis Supporting the Findings The City of Blythe General Plan designates the project site for General Commercial uses. The proposed project is consistent with the allowable uses and associated development standards set forth in the General Plan land use designation for the project site. Therefore, the project would conform to the local land use plans.

In addition, the project would be required to comply with all applicable MDAQMD Rules and Regulations, including, but not limited to Rules 401 (Visible Emissions), 402 (Nuisance), and 403 (Fugitive Dust) and the associated permitting for permission to construct and operate equipment.

The project would also be required to comply with Rule 1113 (Architectural Coatings), the purpose of which is to limit Volatile Organic Compounds (VOC) in architectural coatings. Lastly, project construction and operational-source emissions would not exceed applicable MDAQMD emissions-based significance thresholds, including with respect to the use of CO2 in cultivation operations and the use of emergency back-up generators. The combined policies and strategies found in the MDAQMD Rules & Regulations and the various air pollutant attainment plans collectively function as an air quality plan for the jurisdiction. MDAQMD complied with the procedures established by statutes in federal and State codes when developing its regulations.

MDAQMD has also determined that its rules and regulations represent all feasible control measures toward attainment for MDAQMD sources. Moreover, MDAQMD is expected to benefit from additional future emission reductions resulting from existing and proposed federal and State control measures affecting mobile and area sources.

Expose sensitive receptors to substantial pollutant concentrations.

A full discussion and analysis are included in the Draft EIR, Chapter 4.2 Air Quality, pages 4.2- 15 through 4.2-16, and Appendix C Air Quality Impact Analysis.

Findings
The City Council finds that because the proposed cannabis cultivation and processing facility will not exceed any MDAOMD emissions thresholds, and because the project satisfies all applicable MDAQMD requirements, the project will have less than significant impacts concerning the exposure of sensitive receptors to substantial pollutant concentrations. No mitigation measures are required.
62 -175-
Discussion of Facts and Analysis Supporting the Findings Under the MDAQMD CEQA and Federal Conformity Guidelines, residences, schools, daycare centers, playgrounds and medical facilities are considered sensitive receptor land uses. As per the MDAQMD's Guidelines, the following project types located within a specified distance to an existing or planned sensitive receptor land use must be evaluated to determine exposure of substantial pollutant concentrations to sensitive receptors:
• Any industrial project within 1,000 feet;
• A distribution center (40 or more trucks per day) within 1,000 feet; • A major transportation project (50,000 or more vehicles per day) within 1,000 feet; • A dry cleaner using perchloroethylene within 500 feet; • A gasoline dispensing facility within 300 feet.

The proposed project occurs in a General Commercial land use designation with a history of row crop cultivation. Surrounding areas are primarily a combination of cultivation fields, vacant land and public roads. The adjoining property to the west primarily includes agricultural uses and one residential structure within a General Commercial land use designation. The MDAQMD cannabis cultivation permit process requires a location analysis to identify the closest residence, business, and K-12 school. The closest residence is the existing single-family structure located on the adjoining General Commercial parcel to the west, separated from the project limits by a distance of less than 50 feet. The nearest business is the existing commercial building located approximately 240 feet to the northeast, being east of C Canal and north of Hobsonway. The nearest K-12 school to the project is Twin Palms Continuation High School, located approximately 3,600 feet to the northeast. Given these distances and the project's compliance with all MDAQMD emissions thresholds, the project will not expose any sensitive receptors to substantial pollutant concentrations.

BIOLOGICAL RESOURCES
Consistency with Local Policies and Ordinances Protecting Biological Resources A full discussion and analysis are included in the Draft EIR, Chapter 4.3 Biological Resources, page 4.3-11 and Appendix D.1 and D.2 Biological Report and Memo.

Findings
The City Council finds that the project will not conflict with any local policies or ordinances Discussion of Facts and Analysis Supporting the Findings As there are no applicable local policies or ordinances protecting biological resources, the project will not have any potentially significant effects. Moreover, the project site has no native plant 63 -176-
communities or habitat with significant biological value. It has been an active agricultural field for several decades.

CULTURAL RESOURCES
Impacts to Historical Resources
A full discussion and analysis are included in the Draft EIR, Chapter 4.3 Cultural Resources, pages 4.3-10 through 4.3-11, and Appendix E Cultural Report.

Findings
The City Council finds that the project will not impact historical resources as none were encountered within the project boundaries or adjacent properties during the field surveys for cultural resources. Therefore, less than significant impacts are expected and no mitigation measures are required.

Discussion of Facts and Analysis Supporting the Findings Cultural resources include properties designated as California Historical Landmarks, Points of Historic Interest, or Riverside County Landmarks, as well as those listed in the National Register of Historic Places, the California Register of Historical Resources, or the California Historical Resources Inventory.

In 1940, at least one building appeared to be present at the project location. By 1948, two buildings were known to be located in the eastern portion of the project area, evidently a farmhouse and a barn, accompanied by a cluster of trees and an unpaved road running north-south across the parcel.

Between 1970 and 1994, however, all of these features were removed, leaving no identifiable remnants on the landscape. Since then, the entire project area has been used as an agricultural field.

The field survey encountered no cultural resources within the project boundaries. Outside but adjacent to the eastern project boundary, C Canal was observed in the same general condition as recorded in 2001. The only feature associated with the canal lying within the project boundaries is a portion of the earthen levee along the western bank of the canal. Both the canal and the levee show clear signs of frequent upgrading and maintenance in the modern era, and as result neither of them demonstrates any distinctively historical characteristics. On the western side of the levee, a diversion ditch that is partially lined with concrete runs parallel to the main canal that was noted during the field survey. A minor irrigation feature of unclear age, the diversion ditch has little potential for historical significance. Therefore, it requires no further study.

The segment of C Canal adjacent to eastern project boundary previously recorded as Site 33- 011044, is known to have followed the same alignment since at least the 1940s. As a working component of the modern irrigation infrastructure, however, the nondescript earthen canal demonstrates no distinctively historical characteristics due to frequent upgrading and maintenance in recent decades and lack of sufficient historical integrity. Moreover, the proposed project will not impact the current characteristics of the canal and Site 33-011044 requires no further consideration. No impacts to historical resources are expected. 64 -177-
Impacts to Archaeological Resources
A full discussion and analysis is included in the Draft EIR, Chapter 4.3 Cultural Resources, pages 4.3-11 through 4.3-12, and Appendix E Cultural Report.

Findings
The City Council finds that the project's potential to impact significant archaeological resources appears to be low in the disturbed surface soils. However, since it is always possible that unforeseen artifacts could become uncovered during construction activities, the project would be required to adhere to all City and State procedures, including CEQA Guidelines Section 15064.5, regarding stoppage of work, handling of uncovered resources, and notification of proper authorities to ensure that the project would not have an adverse effect on such resources. Since these are enforced by the City and State, they are not considered mitigation measures, and will be implemented as regulatory requirements. Therefore, no impacts to archaeological resources are expected and no mitigation measures are required.

Discussion of Facts and Analysis Supporting the Findings The project site had not been surveyed for cultural resources, including archaeological resources, prior to the current project-specific report, and no cultural resources had been recorded within the project boundaries. The project site is completely leveled and irrigated farmland that is currently used to grown alfalfa. The current ground surface has been substantially disturbed by past grading, and ongoing agricultural uses. The project site is not in an area of high archacological sensitivity and there is no likelihood of discovery of archeological resources, and therefore, the project is consistent with the City's General Plan Policies.

Records indicate that two linear surveys were previously completed along the eastern and southern project boundaries, focusing on the rights-of-way of C Canal and Interstate 10. C Canal is outside but adjacent to the current project boundary. The canal was recorded into the California Historical Resources Inventory as Site 33-011044. No further information was provided in the site records or the accompanying report, nor was Site 33-011044 evaluated for historic significance. No other cultural resources were previously recorded within the scope of the records search.

As it is possible that unforeseen artifacts could become uncovered during construction activities, Scion 150645, reguing topage of on, landing procedures, inducing cod ridines of proper authorities to ensure that the project would not have an adverse effect on such resources.

Impacts to Human Remains
A full discussion and analysis are included in the Draft EIR, Chapter 4.3 Cultural Resources, page 4.3-12 and Appendix E Cultural Report.
65 -178-
Findings
The City Council finds that the project's potential to impact human remains appears to be low in the disturbed surface soils and that compliance with applicable legal requirements will ensure that archaeological resources relating to human remains will be less than significant.

Discussion of Facts and Analysis Supporting the Findings The project site has undergone extensive ground disturbance and is currently used to grow alfalfa.

No historical or archaeological resources were found on the site, and none have been recorded.

The project site is not in an area of high archaeological sensitivity and there is no likelihood of However, pursuant to California Health and Safety Code Section 7050.5, CEQA Guidelines Section 15064.5, and DCC Regulations, in the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site, or any nearby area reasonably suspected to overlay adjacent remains, until the County Coroner has examined the remains. If the coroner determines the remains to be Native or recognition of any human remains during project construction activities. Therefore, impacts to archaeological resources are expected. No mitigation measures are required.

Cumulative Impacts to Cultural Resources
Finding and Discussion of Facts and Analysis Supporting the Findings The City Council finds that the project will not have cumulative impact to cultural resources. Build out of the General Plan area, including lands of the proposed project, has the potential to cumulatively impact cultural resources. Development within the project site, however, does not have the potential to significantly impact cultural resources because of the extensive site City and surrounding area would also have the potential to result in impacts to cultural resources.

These projects will be subject to the same standard requirements, mitigation measures (as applicable), and compliance with federal and State law as the proposed project. Although continued development has the potential to cumulatively impact these resources, the continued application of City policies, General Plan policies and programs, federal and State law all will mitigation measures are required.

ENERGY
The project will be required to meet or exceed the standards of the most recent Title 24 standards, consistent with the City's adoption of that Code. In addition, the project would implement applicable polices established in the Blythe General Plan. 66 -179-
Project Design Features
Approval of the proposed project will be conditioned on the project including the following project design features, in compliance with Title 24 Park 6 energy efficiency standards and CALGreen standards:
• Water conserving plumbing fixtures and fittings. Plumbing fixtures (water closets and urinals) and fittings (faucets and showerheads) shall comply with the following:
• Water Closets. The effective flush volume of all water closets shall not exceed 1.28 gallons per flush (5.303.3.1)
• Urinals. The effective flush volume of wall-mounted urinals shall not exceed 0.125 gallons per flush (5.303.3.2.1). The effective flush volume of floor-mounted or other urinals shall not exceed 0.5 gallons per flush (5.303.3.2.2).

Showerheads. Single showerheads shall have a minimum flow rate of not more than

1.8 gallons per minute and 80 psi (5.303.3.3.1). When a shower is served by more than one showerhead, the combine flow rate of all showerheads and/or other shower outlets controlled by a single valve shall not exceed 1.8 gallons per minute at 80 psi (5.303.3.3.2).

Faucets and fountains. Nonresidential lavatory faucets shall have a maximum flow rate of note more than 0.5 gallons per minute at 60 psi (5.303.3.4.1). Kitchen faucets shall have a maximum flow rate of not more than 1.8 gallons per minute of 60 psi (5.303.3.4.2). Wash fountains shall have a maximum flow rate of not more than 1.8 gallons per minute (5.303.3.4.3). Metering faucets shall not deliver more than 0.20 gallons per cycle (5.303.3.4.4). Metering faucets for wash fountains shall have a maximum flow rate not more than 0.20 gallons per cycle (5.303.3.4.5). • Outdoor potable water use in landscaped areas. Nonresidential developments shall comply with a local water efficient landscape ordinance or the current California Department of Water Resources' Model Water Efficient (MWELO), whichever is more stringent (5.304.1).

Installation of High Efficiency Lighting
Fifteen percent (15%) of building roof space will have solar panels, as required by the CalGreen Building Code
• The project also proposes the use of emergency back-up generators for each building. The back-up generators would generate 30 percent of demand load to keep the climate control (only) at a minimum. The continued climate control from the back-up generators will sustain plant survival during a power outage.

Per the VMT Analysis, the following VMT reduction strategies may be considered for the project:
• Designated Employee Transportation Coordinator (ETC)
• Role of the ETC is to provide education and point of contact for commute related questions and commuter benefits.
• Bicycle End-Trip Facilities
• On-site secure bike parking, storage lockers, showers • Carpool and Vanpool Ride-Match Services
67 -180-
• Waze Carpool and other carpool/vanpool ride-matching services • Preferential Carpool Parking
• Provide designated carpool parking spaces that encourage the use of carpooling instead of single occupancy driving.
• Compressed Work Weeks
• Provide for compressed work weeks such as a 4/10 work schedule reducing the need for commuting by one day per week.

Consumption of Energy Resources
A full discussion and analysis are included in the Draft EIR, Chapter 4.5 Energy, pages 4.5-17 through 4.5-25, and Appendix F.1 West Coast Electric in their Engineering Package Submittal to Southern California Edison and Appendix F.2 Southern California Edison's Will Serve Letter.

Findings
The City Council finds that project construction and operation are not anticipated to result in potentially significant impacts due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation. Impacts will be less than significant and no mitigation measures are required.

Discussion of Facts and Analysis Supporting the Findings The project would increase demand for energy in the project area and in the service areas of SCE and would increase the petroleum demand during construction and operation of the site. However, the project's compliance with California Regulations and Building Codes such as Title 20 and 24 of the California Code of Regulations (CCR), including Appliance Efficiency Regulations, Energy Efficiency Standards for Residential and Nonresidential Buildings, and Green Building Standards Code (CALGreen) will lower energy consumption by at least 30%. The project as proposed will exceed Title 24 regulations and the implementation of the PDFs listed above at the project site would reduce operational electricity use by an additional approximately 5 percent. In addition to the energy-saving project design features, the proposed project incorporates strategies to reduce automobile trips and the distance traveled per service population, to reduce VMTs, and thus, petroleum fuel consumed.

Overall, project construction would not consume petroleum in a wasteful or inefficient manner as shown in Draft EIR Table 4.5-6, Summary of Energy Use During Construction. The energy used during the construction of the project would be limited to the development of the project and would not require long term petral would edite thal there are mental rea not require long-term petroleum use. Additionally, intensive than is used for comparable activities, or use of equipment that would not conform to current emissions standards (and related fuel efficiencies).

The project design and building components will meet Building Code standards in effect at the time development occurs and will result in at least 30% less energy used for non-residential 68 -181-
buildings. The project will design building shells and building components, such as windows, roof systems and electrical and lighting systems to meet Building Code standards in effect at the time development occurs.

The project is also required to comply with DCC Regulation 16304, which regulates energy use for cannabis-related operations and requires that at least 20% of energy use must come from renewable sources and requires at least 15% of roof top space contains solar panels. Compliance with these requirements further ensures that the project will not have any significant effects concerning wasteful, inefficient, or unnecessary consumption of energy resources.

Consistency with a State or Local Plan for Renewable Energy or Energy Efficiency A full discussion and analysis are included in the Draft EIR, Chapter 4.5 Energy, pages 4.5-25 through 4.5-27, and Appendix F.1 West Coast Electric in their Engineering Package Submittal to Southern California Edison and Appendix F.2 Southern California Edison's Will Serve Letter.

Findings
The City Council finds that project is consistent with State and local plans for renewable energy efficiency. Impacts will be less than significant and no mitigation measures are required.

Discussion of Facts and Analysis Supporting the Findings State and local plans for renewable energy and energy efficiency include California's Green Building Standards, the Blythe General Plan, and DCC's Regulation 16304. As discussed above, the project meets or exceeds the requirements of all of these plans. The project is also required to comply with all mandates imposed by the State of California and the MDAQMD.

In addition to the energy efficiency measures described above, the project will install water- efficient plumbing fixtures, water-efficient irrigation systems with smart sensor controls for common area landscape irrigation, and use drought-tolerant plants in landscape design, as well as install photovoltaic (PV) systems, Energy Star appliances. The conformance with Title 24 and installation and use of these fixtures will reduce wasteful and unnecessary energy consumption for the proposed project.

The Open Space and Conservation Element of the Blythe General Plan is intended to preserve and enhance the natural environment and ensure that long-term growth does not adversely affect environmental resources. This Element summarizes the key general plan policies that support the City's goals for air quality, biological resources, water resources, open space, agricultural resources, mineral resources, cultural resources, and energy resources. With the implementation of the regulatory requirements and design features, the project is compliant with Policies 25 and 26 of the Open Space and Conservation Element of the Blythe General Plan, which requires the conservation of energy resources, and the promotion of energy efficient building design.

The project will provide paved drive aisles, parking lots and walkways for motorists, cyclists, and pedestrians throughout the site. The project also proposes safe vehicular and pedestrian circulation 69 -182-
for the future employees. The project also proposes potential VMT reduction strategies, such as having a designated employee transportation coordinator (EIC), bicycle end-trip facilities, carpool and vanpool ride-matching services, preferential carpool parking, and compressed work weeks.

Therefore, the project will comply with the applicable policies within the Circulation Element of the Blythe General Plan.

Cumulative Impacts to Energy Resources
Finding and Discussion of Facts and Analysis Supporting the Findings The City Council finds that the project's contribution to cumulative impacts related to energy forecasted growth in the City and growth within SCE's service area will increase demand for electrical services and require the expansion of SCE's facilities, state regulations for energy use and energy efficiency, the implementation of renewable resources as technologies develop and SCE's analysis of existing facilities and new facilities to provide reliable service and SCE's rate structure will assure that cumulative impacts are not considerable. In addition, increased efficiency, both in construction materials and fixture design, will apply not only to the proposed project, but to all projects developed within the service areas of local energy providers and fuel suppliers. Therefore, the project's contribution to cumulative impacts related to wasteful, inefficient and unnecessary use of electricity would not be cumulatively considerable and, thus, would be less than significant. Similarly, buildout of the project, related projects, and additional forecasted growth would cumulatively increase the demand for transportation related fuel in the State and region. As with the project, other future development projects would be expected to reduce VMT by encouraging the use of alternative modes of transportation and other design features that promote VMT reductions. Therefore, the project's contribution to cumulative impacts related to petroleum fuel would not be cumulatively considerable and, thus, would be less than significant. No mitigation measures are required.

GEOLOGY AND SOILS
Expose People or Structures to Effects Involving Slope Instability, including Landslides:

A full discussion and analysis are included in the Draft EIR, Chapter 4.6 Geology and Soils, page 4.6-15 and Appendix G Geotechnical and Infiltration Investigation.

Findings
The City Council finds that the project will not expose people or structures to effects involving mie in biasy es audinguilandslides. Therefore, impacts are less than significant and no 70 -183-
Discussion of Facts and Analysis Supporting the Findings The project site and surrounding Palo Verde Valley area is defined by relatively flat land. The losest areas with slopes occur outside of the City's boundary and include Big Maria Mountain a he City's northern boundary, McCoy and Palo Verde Mountains to the west, Mule Mountain t the southwest, Trigo Mountain to the south, and Cunningham and Dome Mountains to the east.

The surrounding mountain ranges are not located in proximity to the project, therefore, landslides or rockfalls associated with these mountains would not occur near the project site. Additionally, the Final EIR analyzed and did not find signs of slope instability in the form of landslides, rockfalls, earthflows, or slumps were observed at or near the subject site. Therefore, impacts associated with slope instability will be less than significant. No mitigation is necessary.

GREENHOUSE GAS EMISSIONS
Greenhouse Gas Emissions that May Significantly Impact the Environment A full discussion and analysis are included in the Draft EIR, Chapter 4.7 Greenhouse Gas Emissions, pages 4.7-7 through 4.1-11, and Appendix I Greenhouse Gas Analysis.

Findings
The City Council finds that the project will not generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment. Less than significant impacts are expected, and no mitigation measures are required.

Discussion of Facts and Analysis Supporting the Findings Project implementation will result in short-term construction and long-term operational GHG emissions. The project consists of 12 buildings with a total of approximately 533,812 square feet (sf) for processing, cultivation, and office uses, and was assumed to operate 24-hours for seven days per week. Project emissions from all sources total 28,234.52 MTCOze per year, which is well below the emissions-based significance threshold established in the MDAQMD CEQA and Federal Conformity Guidelines, which is 90,718.5 MTCOze per year, and as a result, project impacts are considered less than significant.

Having been evaluated against the regionally established GHG threshold and found to be consistent, the project will not generate greenhouse gas emissions, directly or indirectly, that have a significant effect on the environment. Therefore, project impacts related to direct or indirect GHG emissions are considered less than significant.

Consistency with Applicable Plan, Policy or Regulation
A full discussion and analysis are included in the Draft EIR, Chapter 4.7 Greenhouse Gas Emissions, page 4.7-11 and Appendix I Greenhouse Gas Analysis. 71 -184-
Findings
The City Council finds that the project will not generate significant levels of greenhouse gas emissions, and will not conflict with an applicable plan, policy or regulation adopted for the urpose of reducing GHG emissions. The project will have less than significant impacts and no mitigation measures are required.

Discussion of Facts and Analysis Supporting the Findings significance threshold and therefore comply with AB 32 and international efforts to address global climate change that would substantially lessen cumulative GHG emissions impacts. The project plicant would not actively interfere with any future mandates enacted or promulgated to assi meeting greenhouse gas emissions reduction targets, including that established under Executi emissions of greenhouse gases.

Therefore, the project would not generate significant levels of GHG emissions, and will not conflict with an applicable plan, policy or regulation adopted for the purpose of reducing GHG emissions. Impacts are considered less than significant and no mitigation is required.

Cumulative Impacts of Greenhouse Gas Emissions
Finding and Discussion of Facts and Analysis Supporting the Findings The City Council finds that the project's contribution to global climate change would not be cumulatively considerable. Due to the global nature of the assessment of GHG emissions and the of the project's emissions to the effects of climate change." Amortized construction and for CiG emisions, theredore, posed proct would no exced rabie dies to tiredod Vo mitigation measures are required

HYDROLOGY AND WATER QUALITY
Effect on Groundwater Supplies or Interference with Groundwater Recharge A full discussion and analysis are included in the Draft EIR, Chapter 4.9 Hydrology and Water Quality, pages 4.9-14 through 4.9-15, and Appendix K Preliminary Hydrology Report. 72 -185-
Findings
The City Council of the City of Blythe finds that the project will not substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin. Impacts are considered less than significant and no mitigation measures are required.

Discussion of Facts and Analysis Supporting the Findings In its current condition, the project site receives irrigation water from PVID via existing irrigation lelivery channels and C Canal and is also within the City of Blythe's potable water service area The proposed development will convert the project site's primary water demand from irrigation to potable. The project will connect to the City's existing water delivery infrastructure, being one main water line located on Hobsonway immediately north of the project. Water demand from the project is not expected to affect the City's existing water supply and groundwater resources.

Senate Bill 610 requires the preparation of a water supply assessment (WSA) for a range of project categories that are defined by Water Code Section 10912. Under Water Code Section 10912, the most relevant category to which the project could potentially qualify as a "project" is measured by a water demand level equivalent to, or greater than, the amount of water required by a 500-dwelling unit project. A preliminary engineering analysis has determined that a 500-dwelling unit development on a 34-acre site would require a minimum of approximately 141 AFY. By comparison, the proposed project would be expected to entail total water demand ranging approximately 97 to 100 AFY, with potable water demand estimated at 57.37 AFY. Therefore, the project will use substantially less than a project with 500 dwelling units on a comparable project site size, and a WA is not required under SB 610.

As a separate function, stormwater runoff generated from the project will be conveyed to on-site retention facilities designed to infiltrate such content instead of allowing it to leave the site as discharge. Such infiltration disposal will contribute to groundwater recharge. Therefore, the project is not expected to interfere with the regional groundwater recharge functions or groundwater sustainability for the regional basins. Less than significant impacts are anticipated.

Potential Impacts from Alteration of Existing Drainage Patterns A full discussion and analysis are included in the Draft EIR, Chapter 4.9 Hydrology and Water Quality, pages 4.9-15 through 4.9-17, and Appendix K Preliminary Hydrology Report.

Findings
The City Council finds that the project will not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would result in substantial erosion or siltatior on or off site; substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off site; create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of 73 -186-
polluted runoff; or impede or redirect flood flows. Impacts are considered less than significant and no mitigation measures are required.

Discussion of Facts and Analysis Supporting the Findings The existing topographic conditions on the project site established and maintained for agricultural uses, including the presence of surrounding irrigation facilities, were factored into the proposed grading, hydrology and stormwater management conditions with the proposed new development.

Drainage facilities will be installed in compliance with state and local regulations to provide for the removal of surface water and a character and design approved by the City Engineer and in accordance with the requirements of the standard specifications ensure proper grading and erosion control, including the prevention of sedimentation or damage to off-site property.

Erosion or Siltation On or Off Site: Historically, the site use has been agricultural with operation and maintenance of irrigation improvements consisting of irrigation furrows across a level crop cultivation area at a relatively lower grade than its surroundings. Surface irrigation flows are provided to the site via slide gates from the existing PVID irrigation channels located on the west, north, and east sides of the project property. PVID irrigation facilities are separated from the field with earthen levees and embankments. The on-site soils in the current agricultural setting are generally more prone to erosion and sitation when not properly controlled. To address this condition, all existing site conveyances, grade differentials and cultivation fields are actively managed through routine maintenance. This includes any incidental stormwater run-on via sheet flow occurring from tributary shoulders on the adjacent Interstate 10 Freeway on the south and Hobsonway on the north, as these are at relatively higher grade than the site. Being absent of any naturally occurring drainage patterns, such as those associated with washes, streams, or rivers, the proposed development will not involve any diversion or alteration of such resources. During the period of construction, soil disturbance will be regulated under a properly filed SWPPP, which is required to include temporary erosion and siltation control measures, such as linear sediment barriers and soil stabilization.

The project will introduce improved culverts at the existing irrigation channels but will maintain their overall operating condition under PVID. The proposed storm drain system and runoff management will operate separately from the PVID irrigation system. In the developed conditions, runoff from proposed buildings, hardscape, parking, and landscaping will be adequately conveyed along engineered flow lines (sheet flow, curb/gutter, and pipes) to the on-site retention facilities sized for the extent of the project and adjoining tributary street flows. The stabilized runoff conveyance surfaces will prevent instances of substantial erosion or siltation. The incremental increase in stormwater runoff volume resulting from the project's addition of impervious surfaces will be adequately managed through the provided retention capacity with associated maintenance.

As such, pertaining to erosion or siltation on- or off-site, less than significant impacts are expected.

Surface runoff: The FEMA Flood Insurance Rate Maps serve as the basis for identifying potential hazards and determining the need for and availability of federal flood insurance. The project site is covered by FIRM panel 06065C3230G, effective August 28, 2008, which indicates that the entire site is Zone D with an undetermined flood risk. 'The same FIRM panel does not identify any Special Flood Hazard Area (SFHA) with High Flood Risk near the property. Existing runoff across 74 -187-
the site is a function of the surface irrigation system and associated controls accepting water from adjacent PVID irrigation channels, rather than from naturally occurring conditions. The proposed improvements will avoid any significant changes to the existing PVID irrigation facilities and will operate separately from them in the proposed storm water runoff management.

The development and land use conversion from traditional agricultural uses will result in an increase in impervious cover. The associated runoff conditions, including rate and quantity, are addressed through the proposed storm grading and storm drain system designed to convey runoff along engineered flow lines to designated on-site retention systems consisting of underground structures and surface basins, which will be distributed across the site and will be sized according to the worst-case (controlling) 100-year storm event. By design, the south half of the Hobsonway frontage will be improved and allowed to drain into the on-site storm facilities via proposed curb and gutter. This design will improve upon the stormwater management for a portion of the public street, which currently has unimproved shoulders and lacks proper storm drain facilities. All proposed structures will be elevated at least one foot above grade to establish flood protection of these facilities. As a result, the project will not result in any increase in surface runoff that isn't accounted for in the grading and hydrology design for on-site facilities. As a standard condition, the project will not involve any routine runoff discharge to surrounding land or other condition capable of resulting in flooding. Regarding project runoff increases and the associated flood conditions, on- or off-site site, less than significant impacts are anticipated.

Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff: The development will incorporate on-site storm drain system improvements designed to capture and infiltrate stormwater runoff through retention facilities corresponding to each on-site drainage management area and adjoining street tributary areas. This stormwater management also includes off-site tributary street runoff. These facilities will only accept runoff from outdoor surfaces (surfaces exposed to rain), such as rooftops, hardscape, paved areas, and landscaping. These facilities are not designed or allowed to accept non-stormwater flows or any other discharges generated from indoor operations. All storm drain facilities will be subject to proper inspection, operation and maintenance during the life of the project to maintain their effectiveness in preventing stormwater from being exposed to potential pollutants. Through the proposed on-site containment and protection of surrounding uses, the project will prevent stormwater from discharging in a manner that results in off-site hydrologic modifications or impairments to downstream resources. Regarding project runoff contributions capable of creating a burden on existing or planned stormwater infrastructure, or substantial increases in polluted runoff, less than Impede or redirect flood flows: Based on FEMA FIRM panel 06065C3230G, the project site and most of the City of Blythe are in a Zone D designation, which applies to areas with undetermined lood risk and outside of the mapped SHA. The existing agricultural site conditions includ surface irrigation improvements served by surrounding PVID-maintained channels via gat ontrols. Therefore, the site does not occur in the context with naturally occurring drainage pattern r mapped flood conditions, on- or off-site that would be subiect to redirection or obstructio 75 -188-
The development will include a storm drain system with properly located and sized inlets, conveyances, and retention facilities for handling the stormwater runoff from the site and from a tributary off-site portion of Hobsonway on the north. The on-site retention capacity will be sized for the incremental increase in stormwater volume resulting from the controlling 100-year storm event and all proposed structures will be situated at least one foot above the design surface levels for stormwater management. Therefore, project implementation will not result in physical improvements or stormwater runoff discharge that would obstruct, impede, or otherwise direct designated flood zones or naturally occurring floodplains. The project will not place any proposed structures in high-risk or SFHA designations. Regarding potential impedances or redirection of flood flows, impacts will be less than significant.

Release of Pollutants Due to Inundation by Flooding, Seiche, or Tsunami A full discussion and analysis are included in the Draft EIR, Chapter 4.9 Hydrology and Water Quality, page 4.9-18 and Appendix K Preliminary Hydrology Report.

Findings
The City Council finds that the project will not result in a risk of pollutant release due to project inundation in a flood hazard, tsunami, or seiche zones. Impacts are considered less than significant and no mitigation measures are required.

Discussion of Facts and Analysis Supporting the Findings The project site and most of the City of Blythe are located in FEMA's Zone D, which applies to areas with undetermined flood risk. No SHA designation applies to the project site. The project is not located near any coastal areas where tsunami damage is a risk, nor near any large body of water or any area recognized for being susceptible to seiche risk. Existing irrigation channels located on the west, north and east side of the site are maintained by PVID.

On-site inundation conditions are prevented by a storm drain system with on-site runoff retention ized to the worst-case controlling storm event for the site. The proposed buildings will be situate t least one foot above grade for flood protection. Therefore, pertaining to flood, tsunami, seich zone, or pollutant releases associated with project inundation, impacts are considered less than significant.

Consistency with a Water Quality Control or Sustainable Groundwater Manapement Plan A full discussion and analysis are included in the Draft EIR, Chapter 4.9 Hydrology and Water Quality, pages 4.9-18 through 4.9-19, and Appendix K Preliminary Hydrology Report.

Findings
The City Council finds that the project will not conflict with any water quality control plan or sustainable groundwater management plan. Impacts are less than significant impacts and no nitigation measures are reauirec
76 -189-
Discussion of Facts and Analysis Supporting the Findings The project site is located within the jurisdiction of the Colorado River Basin Regional Water Quality Control Board (Region 7) and under the Water Quality Control Plan for the Colorado River Basin Region (Basin Plan). The project site and City of Blythe are not part of an existing Phase I PDES MS4 Permit or other locally established watershed or sub-watershed plan. The project is required to comply with the applicable water control plans during both construction and for the life of the project.

During the period of construction, the project will comply with the Statewide NDES Construction 'eneral Permit by filing a Notice of Intent (NOI) with the applicable permit registration document nd project-specific compliance plan to obtain coverage. Permit coverage will be demonstrated t the City prior to issuance of a grading permit or other site disturbance.

During the life of the project, the storm drain system will provide equivalent measures of low impact development stormwater management that are typically required under Phase I NPDES MS4 Permitting. Through an on-site storm drain system with adequately sized retention systems, the project operations will prevent changes to the hydrologic regime that would have any potential to impact downstream channels, receiving waters, or habitat integrity, which is a typical measure in determining MS4 compliance. Since the system will be privately maintained, no public agency will incur a maintenance burden for the site's storm drain operations. With the proposed project design features, the operational aspects of the project will comply with the regulatory water quality objectives of the Basin Plan by preventing urban runoff and any impairments to naturally occurring and regulated resources.

Pertaining to the sustainable groundwater management, the project's water demand is expected to be fulfilled by the City's municipal system, which relies on local groundwater resources. As a project design feature, the proposed indoor water recycling and efficiency operations will substantially reduce the project's demand to levels that are less than significant. Further, as described above, the project does not meet the criteria to require a water supply assessment.

Moreover, as a separate system, the proposed stormwater management facilities will ensure that the project runoff is retained and infiltrated on-site versus resulting in off-site runoff discharge.

Therefore, impacts will be less than significant.

Cumulative Impacts to Hydrology and Water Quality
Finding and Discussion of Facts and Analysis Supporting the Findings The City Council finds that the project's impact with respect to hydrology/water quality would not be cumulatively considerable. Project implementation will involve a land use conversion from agricultural row crop cultivation to an indoor cannabis cultivation facility with a private storm drain system designed to establish hydrology and water quality management through the capture, conveyance, and retention of the entirety of urban runoff generated from the proposed building rooftops, hardscape, and paving exposed to precipitation. The method of retention would involve multiple surface and underground facilities designed to accept and infiltrate stormwater volume up to the controlling 100-year storm event. Development of the proposed project, in conjunction 77 -190-
with cumulative projects surrounding the project site, has the potential to increase the concentration of pollutants in surface runoff and downstream water quality. However, all cumulatively considered projects would be subject to the same federal water quality standards and State waste discharge requirements as the proposed project. This includes preparation of project- specific SWPPPs per the NPDES permit program and implementation of associated BMPs to prevent construction-related runoff from polluting receiving waters.

As such, the project will not result in any significant cumulative impacts relating to hydrology or water quality. No mitigation measures are necessary.

NOISE
Consistency with Established Noise Standards/Increase in Ambient Noise Levels A full discussion and analysis are included in the Draft EIR, Chapter 4.10- Noise, pages 4.10-25 through 4.10-35, and Appendix L Noise Study. This information was supplemented by additional information set forth in Appendix B to the Final EIR, in response to a comment from the Department of Cannabis Control inquiring about the projected noise levels from the emergency use of on-site back-up generators.

Findings
The City Council of the City of Blythe finds that the project will not generate substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the City's General Plan or noise ordinance, or applicable standards of other agencies.

Impacts will be less than significant and no mitigation measures are required.

Discussion of Facts and Analysis Supporting the Findings Overall, construction activities associated with the proposed project will not create significant noise impacts to the surrounding sensitive receivers. Based on the stages of construction, the noise impacts associated with the proposed project are expected to create temporarily high noise levels at the nearby receiver locations; however, as presented in Table 4.10.13 of the Draft EIR, onsite construction noise will not exceed the 80 dBA threshold established by the Federal Transit Administration (FTA) and used by the City as the applicable construction noise limit. The highest offsite noise level during construction of the project is 64.5 dBA at receiver location R3. Therefore, impacts associated with construction noise will be less than significant.

Additional project improvements include the project's connection to the City of Blythe's existing sewer lines, located along Hobsonway. The closest residential structure to the Hobsonway right- of-way, where excavation would occur, is located west of the project site at location R3. According to the Department of Transportation, Federal Highway Administration, at 50 feet dBA, an excavator can reach maximum noise levels of 81 dBA, which exceeds the 80 dBA threshold established by the FTA by 1 dBA. However, the sensitive noise receiver is located approximately 700 feet from the closest proposed excavation area. Since sound levels attenuate at a rate of 6 dB for each doubling of distance from a line source, the noise generated by the excavator would be 78 -191-
reduced to below the threshold of 80 dBA. The daytime work limitations and the physical separation between the proposed improvements and existing development will reduce potential construction noise to less than significant levels.

For project operations noise will be generated by the increase in traffic as well as on-site project- related noise from roof-top air conditioning units, ventilation fans, emergency back-up generators, and trash enclosure activity. As shown in Tables 4.10-16 and 4.10-17, traffic increases associated with the project will not significantly increase existing noise levels under project-specific or cumulative scenarios. Based on the significance criteria for off-site traffic noise presented in Draft EIR Table 4.10-7, land uses adjacent to the study area roadway segments would experience less than significant noise level increases due to the project-related traffic.

The Noise Study analyzed the potential project stationary-source operational noise impacts from all operational sources at the nearest receiver locations. As shown in Tables 4.10-20 and 4.10-21 of the Draft EIR, as supplemented by Tables 2 and 3 in Appendix B of the Final EIR, Project- related operational noise level increases from all sources will not exceed the City General Plan limit of 65 dBA CNEL at any of the nearby sensitive receptor locations, nor will project noise increase ambient noise levels by a significant amount. Therefore, the incremental project operational noise level increase is considered less than significant at all receiver locations.

Generation of Ground Borne Vibration
A full discussion and analysis are included in the Draft EIR, Chapter 4.10- Noise, pages 4.10-35 through 4.10-36, and Appendix L Noise Study.

Findings
The City Council finds that the project will not generate excessive ground borne vibration or noise levels. Impacts will be less than significant and no mitigation measures are required.

Discussion of Facts and Analysis Supporting the Findings Per the Federal Transit Administration's (FTA) Transit Noise Impact and Vibration Assessment, vibration is the periodic oscillation of a medium or object. Construction activities can result in varying degrees of ground-borne vibration, depending on the equipment and methods used, distance to the affected structures and soil type. It is expected that ground-borne vibration from project construction activities would cause only intermittent, localized intrusion.

Since the City of Blythe does not have established standards regarding construction vibration, the noise study appropriately relied on the Caltrans Transportation and Construction Vibration Guidance Manual to determine vibration damage and annoyance criteria to assess the potential temporary construction-related impacts at adjacent receiver locations. For the purposes of the vibration analysis, the perception threshold of 0.30 in/sec was used to assess the potential impacts due to project construction at nearby sensitive receiver locations. 79 -192-
Based on maximum acceptable continuous vibration threshold of 0.30 PPV (in/sec) for older residential structures or commercial buildings, the typical project construction vibration levels will satisfy the building damage thresholds at all the nearest receiver locations. In addition, the construction vibration levels as presented in Table 4.10.22 of the Draft EIR shows that peak vibration levels will not exceed 0.036 PPV (in/sec), which is substantially below the applicable threshold of 0.3. PPV (in/sec) at all the nearest receiver locations. Therefore, the vibration impacts due to the typical project construction activities are considered less than significant.

Heavy equipment used for the offsite improvements are not likely to impact surrounding areas since the closest residential structure to the Hobsonway right-of-way, where excavation would occur, is located west of the project site at location R3. Therefore, it is likely that receiver R3 would not experience ground-borne vibrations from the trenching activities. Impacts would be less than significant.

Cumulative Noise Impacts
Finding and Discussion of Facts and Analysis Supporting the Findings The City Council finds that the project's impact with respect to noise would not be cumulatively considerable. Development within the City of Blythe would result in an increase of traffic throughout the City as well as the operation of future projects in areas that were previously vacant and undeveloped. Currently, there are seven projects approved for development in the City of Blythe listed in Table 4.0-1 of the Draft EIR. Six of the seven projects propose cannabis cultivation facilities, similar to the project property. One of the projects proposes a single-family residential community with 130 dwelling units. All other cumulative projects propose the development of cannabis cultivation facilities. Two facilities are proposed west of the project property. However, development of these facilities is not likely to occur during the development of the proposed project.

The remaining four cannabis cultivation facilities are located over a mile from the project site and thus would be at a substantial distance such that noise would attenuate. Additionally, the cumulative projects would be required to comply with State and local regulations regarding construction noise.

Overall, cumulative impacts from construction would be less than significant and would stop once construction was complete.

As with construction, because the generation of noise from stationary sources is a localized phenomenon, the proximity of related projects to the proposed project is a key factor in the determination of potential cumulative impacts. Due to the decrease in noise levels with distance and the presence of physical barriers (the structures themselves, parapet walls, etc.), noise from other related projects would not combine with the proposed project to produce a cumulative noise effect during operation. Additionally, the project's operations and those of the related projects would be subject to the City of Blythe Noise Control Ordinance, which limits the exterior noise levels at adjacent properties. Similarly, any related projects would be required to comply with the City of Blythe noise standards. The project's contribution to operational noise impacts would not be cumulatively considerable, and cumulative impacts would be less than significant The cumulative projects would result in a small increase in construction-related ground-borne vibrations. However, due to rapid attenuation characteristics of ground borne vibration, there is no potential for cumulative construction- or operational-period impacts with respect to ground borne 80 -193-
vibration beyond 15 feet from the project boundary. Therefore, potential cumulative ground borne vibration impacts with regard to human annoyance or potential for structural damage would be less than significant. No mitigation measures are necessary.

PUBLIC SERVICES
Project Design Features
emergency and non-emergency services do not result in significant impacts. Typical for cultivation acilities in the City of Blythe, the project shall be gated with no-cut / no climb perimeter fencing nounted at regular intervals with security cameras, thus increasing security and minimizing building, fire, and electrical codes in place at the time development occurs.

Fire Protection Services
A full discussion and analysis are included in the Draft EIR, Chapter 4.11 - Public Services, pages

4.11-6 and 4.11-7.

Findings
The City Council finds that the project will not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for fire protection. Impacts are considered less than significant and no mitigation measures are required.

Discussion of Facts and Analysis Supporting the Findings Development of the proposed project may cause an incremental increase in demand for emergency services, however, the size and location of the project is not expected to cause an adverse impact on the fire department. The closest fire station to the project is the Blythe Fire Department, located approximately 0.9 driving miles northeast of the site, at 201 North Commercial Street. The proposed project could be adequately served by fire protection services within the 10-minute response time, and no new or expanded facilities would be required as a result of the project.

Additionally, the project complies with the Blythe General Plan Fire Protection and Prevention Policies 10, and 11, which requires new developments to install fire protection equipment/systems and pay for increased fire protection as necessitated by the project. The project would be required to implement all applicable fire safety requirements, such as the installation of fire hydrants and 81 -194-
sprinkler systems. The project shall also be reviewed by the Fire Department to assure that project access and design provide for maximum fire life satety.

Lastly, the project would be required to comply with the City's Development/User Impact Fees in place at the time of construction. Payment of these fees goes towards the funding of public facilities ncluding but not limited to fire stations, police services, park and recreation facilities, majo horoughfares and bridges and traffic signalization, public safety facilities and other publi buildings. The City's development/user impact fees ensures that the project will reduce its impact on fire facilities. As a result, impacts associated with fire services will be less than significant.

The project proposes to connect to the existing water lines located on Hobsonway. Construction activities of the off-site improvement may briefly impact emergency response times on lobsonway. Inerefore, '
Construction Traffic Control Plans, construction of the offsite improvements will not significantly impact fire protection services and will cease once construction of the offsite improvements are complete. Operation of the offsite improvement will be integrated into the existing sewer infrastructure, which is managed by the City of Blythe. The connection to the existing sewer infrastructure will not change the site's fire suppression strategies, and impacts will be less than significant.

Police Protection
A full discussion and analysis are included in the Draft EIR, Chapter 4.11- Public Services, pages

4.11-7 and 4.11-8.

Findings
The City Council finds that the project will not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for police protection. Impacts are considered less than significant and no mitigation measures are required.

Discussion of Facts and Analysis Supporting the Findings Development of the proposed project may cause an incremental increase in demand for police services, however, the size and location of the project is not expected to cause an undue hardship on the police department. The BPD does not maintain a standard for emergency response times, however, the officers are dispatched immediately in response to all emergency calls. Depending on the location of the officer at the time of the call, response times can range from 1 to 10 minutes.

The project could be adequately served by police protection services within the existing response time due to its proximity to the Police Department, and no new or expanded facilities would be required as a result of the project. The City of Blythe contracts for secondary back-up services 82 -195-
with the Riverside County Sheriff's Department. The County Sheritt'S Department 1s located at Riverside County Sheriff's service area encompasses approximately 3,000 square miles and the The Riverside County Sheriff's Department strives to maintain a staffing ratio of 1.0 officer per 1,000 residents. Based on the City's current population of 18,556 the current police staffing ratio is 1.03 officers per 1,000 residents. In addition, the resulting officer to resident ratio is well below the County of Riverside's standard ratio of 1.5 officers per 1,000 residents.

The development would occur within an area of existing commercial uses, which is already being served by the Blythe Police Department. Additionally, the project complies with the Blythe General Plan Crime Protection and Prevention Policy 14 which states that the City shall cooperate with the Police Department in periodically evaluating services and service criteria to ensure that the City continues to receive adequate law enforcement services. It also provides for continued cooperation with the Riverside County Sheriff's Department and other nearby law enforcement agencies to provide back-up police assistance in emergency situations. Crime Protection and Prevention Policy 15 ensures that developments incorporate safety concerns into the site, circulation, building design and landscaping plans through the design review process. The project shall also be reviewed by the Police Department to assure that project access and design provide for a defensible space and maximum crime prevention while maintaining City design standards and codes.

The project would also be required to comply with Development/User Impact Fees in place at the time of construction, which the City concludes is normally adequate to mitigate any significant impacts from new development. Payment of these fees goes towards the funding of public facilities including but not limited to fire stations, police service, park and recreation facilities, major thoroughfares and bridges and traffic signalization, public safety facilities and other public buildings throughout the City. In addition, the project will generate additional tax revenue that the City can use to fund additional officers and other personnel to increase staffing levels for the police services provided to the project and Citywide. The impact to police services will be less than significant.

Construction activities of the off-site water and sewer line improvements may briefly impact response times of police response times on Hobsonway. Therefore, construction of the proposed offsite improvements will require the implementation of Construction Traffic Control Plans. With he implementation of the Construction Traffic Control Plans, construction of the off-site improvements will not significantly impact police protection services and will cease onc onstruction of the offsite improvements are complete. Operation of the off-site improvement vould not result in any impacts to police services, as it is an automated activity that is part of th City of Blythe's operations. Impacts will be less than significant.

Additionally, the project must be awarded a permit to operate a Commercial Cannabis Business by the Blythe City Council. The application process for the permit occurs in four phases. Fees are 83 -196-
due at each phase of the process based on the costs associated with the review of applications for Services, was determined. The project will be required to pay the City fees associated with cannabis businesses. Therefore, with the project's compliance with City development/user impact fees and City cannabis fees, impacts to police and other City services will be less than significant.

Cumulative Impacts to Public Services
Finding and Discussion of Facts and Analysis Supporting the Findings The City Council finds that the project's cumulative impact will be less than significant with respect to the provision of new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for fire protection or police protection.

Implementation of the proposed project and other related projects in the area would increase the demand for fire and police protection services over time. Similar to the project, all cumulative projects listed in Draft EIR Table 4.0-1 would result in an increase in demand for fire and police protection services. However, such cumulative projects will also be required to implement all applicable fire safety requirements, such as the installation of fire hydrants and sprinkler systems, and will require the payment of the applicable DIF.

The proposed project and future projects will also be subject to review by the fire and police departments to ensure access and other safety measures are implemented at the site. Although the proposed project would not result in substantial adverse physical impacts associated with the provision of new or physically altered facilities, the cumulative projects would result in additional demand of fire and police protection services, and the potential need for additional resources.

However, all future projects would be required to comply with Development/User Impact Fees in place at the time of construction to ensure that their impacts to fire and police services are not cumulatively significant. These fees are designed to mitigate the impact of new development on the City's services as it occurs. The proposed project's contribution will not be cumulatively considerable.

TRANSPORTATION
Consistency with an Applicable Plan or Policy Addressing the Circulation System A full discussion and analysis are included in the Draft EIR, Chapter 4.12- Transportation, pages

4.12-16 through 4.12-23, and Appendix M.1 Traffic Study and Appendix M.2 Vehicle Miles Traveled (VMT) Analysis.
84 -197-
Project Design Features
The traffic analysis was based on the following assumptions for improvements, which must be made conditions of approval for the project, in order to assure that impacts remain less than significant. Site access improvements and project driveway configurations are anticipated to be in place for project conditions:

Hobsonway - Hobsonway is an east-west oriented roadway located along the projects' northern boundary. Construction of Hobsonway from the project's westerly boundary to th roject's easterly boundary at its ultimate half-section width shall be as a Major Arterial Collecto (96-foot right-of-way) in compliance with the applicable City of Blythe standards.

Project Driveway / Hobsonway (#6) - Install a stop control on the northbound approach and construct one shared left/right turn lane as illustrated on Exhibit 4.12-2 in the Draft EIR.

On-site traffic signing and striping will be implemented in conjunction with detailed construction plans for the project site.

Sight distance at the primary access point will be reviewed with respect to standard Caltrans and City of Blythe sight distance standards at the time of preparation of final grading, landscape, and street improvement plans.

Findings
The City Council finds that the project will not conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit roadway, bicycle and pedestrian facilities. Less than significant impacts are expected. No mitigation measures are required.

Discussion of Facts and Analysis Supporting the Findings The project is located south of Hobsonway and approximately 0.25 miles east of Dufrain Way and ).5 miles west of Lovekin Boulevard on approximately 34 acres. The segment of Hobsonway that is adjacent to the project is designated as a Major Arterial Collector (4-Lanes, undivided, with parking.) Hobsonway is currently an east/west paved roadway, with two lanes and no curb or gutter. The study area has nominal existing pedestrian and bicycle paths in the study area.

Intermittent sidewalks exist for sections of the roadway system. Existing sidewalks are located mostly around the Lovekin Boulevard/Hobsonway intersection; however, they are not contiguous.

The project includes three gated access points which will consist of two 12-foot swing gates.

Primary access will be located on Hobsonway at the approximate center of the northern boundary.

The security guardhouse will be located at this access point to monitor authorized personnel ont ind out of the property. Emergency exits are proposed at the northeast and northwest corners o site, on Hobsonway. All parking will be located within the fenced boundaries of the project.

No General Plan bike paths are proposed on Hobsonway. The project design will not conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or 85 -198-
otherwise decrease the performance or safety of such facilities. Impacts are determined to be less than significant impacts as the project is consistent with all relevant plans.

The internal circulation system will consist of a series of driveways providing access to the proposed buildings within the project area. The proposed internal rights of way will be 24-foot- wide drives. Pedestrian walkways will be located along the project frontage, adjacent to Hobsonway, as well as along building frontages and retention areas.

According to Exhibit 4.12-3 of the Draft EIR, approximately 55% of the project generated traffic is expected to exit the project and continue west along Hobsonway, while approximately 45% of the project generated traffic is expected to exit and continue east.

Traffic Signal Warrants for existing traffic conditions indicate that, based on existing peak hour intersection turning volumes, no existing unsignalized study area intersections currently warrant a traffic signal. Traffic Signal Warrants for 2026 with project traffic conditions indicate that, based on peak hour intersection turning volumes, no unsignalized study area intersections warrant a traffic signal.

The Cumulative 5 Year (2026) without Project Conditions analysis determines circulation system deficiencies that would occur on the existing roadway system if the project did not exist. The Cumulative 5 Year (2026) with Project Conditions analysis scenario was utilized to determine potentially significant project impacts associated with the development of the proposed project and cumulative projects and any corresponding improvements necessary to address potential impacts. Under Cumulative 5 Year (2026) with Project Conditions, the 6 (5 existing and the 1 project entry) study area intersections are anticipated to continue to operate at acceptable LOS with the addition of project traffic.

The County Congestion Management Plan (CMP) requires a LOS E or better for regional roadways. The generation, distribution, and management of project traffic is not expected to conflict with the CMP or result in any roadways or intersections with an LOS below Level E. In addition, the project and background traffic will not exceed City level of service standards or travel demand measures, or other standards established by the City or Riverside County Transportation Commission (RCTC) for designated roads or highways. The Transportation Uniform Mitigation Fees (TUMF) program identifies network backbone and local roadways that are needed t accommodate growth. The project will be required to pay TUMF fees in place at the time tha building permits are sought. This requirement will assure that the project is consistent with General Plan policies regarding the regional roadway system and the County CMP.

In addition to the Traffic Uniform Mitigation Fee (TUMF), the project is also required to pay the City's development impact fees, which further ensure that the project pays its fair share contribution for the required roadway improvements needed to meet the needs of cumulative traffic increases and comply with the City's General Plan transportation policies. Under 2026 conditions, following the implementation of project improvements, City and Agency Review, Standard Conditions, participation in the TUMF program and payment of DIF, the project's impacts will be less than significant.
86 - 199-
Consistency with CEOA Guidelines Section 15064.3(b) VMT] A full discussion and analysis are included in the Draft EIR, Chapter 4.12- Transportation, pages

4.12-23 through 4.12-25, and Appendix M.l Traffic Study and Appendix M.2 Vehicle Miles Traveled (VMT) Analysis.

Findings
The City Council finds that the project will not conflict or be inconsistent with CEQA Guidelines ections 15064.3, subdivision (b). Impacts are determined to be less than significant and n itigation measures are require
Discussion of Facts and Analysis Supporting the Findings The California Environmental Quality Act (CEQA) procedures for determination of transportation impacts have recently changed to an evaluation of Vehicle Miles Traveled (VT) rather than vehicle delay or LOS, due to Senate Bill 743 (SB 743). Based on OPR's Technical Advisory, the County of Riverside adopted their Transportation Analysis Guidelines for Level of Service Vehicle Miles Traveled (December of 2020) (County Guidelines). The VMT analysis for the project used the adopted County Guidelines.

The City of Blythe allows Cannabis Cultivation and Processing in Commercial Land Use designated areas. Although the project is considered a commercial land use, according to industry standards, Light Industrial traffic estimates are more appropriate to utilize for this analysis based on the similarities in operational characteristics, including no retail sales on the project or general public access. Therefore, trip generation estimates associated with commercial land uses would vastly overstate what is applicable to the proposed project's operations.

An estimate of 1 employee per thousand square feet was determined in coordination with the project applicant based on industry standards and the project's planned operations. As shown in Table 4.12-12 of the Draft EIR, the project generated VMT per employee is 26.47, which is below the City threshold of 33.22 by approximately 20%. VMT per employee is below the City threshold and is therefore found to be less than significant relative to VMT impacts.

Effect of a Geometric Design Features

4.4225 and Appendia Ma. rig insud in ependix M. venice Mie Traveled in, Pa Analysis.

Findings
The City Council finds that the project will not increase hazards due to a geometric design feature or incompatible use. Impacts are less than significant, and no mitigation measures are required. 87 -200-
Discussion of Facts and Analysis Supporting the Findings The project will be developed in accordance with the City's design guidelines and will not create a substantial increase in hazards due to a design feature. The project's access points will be located with adequate sight distances, which will be required to meet City standards. The installation of site and landscape improvements will be required to avoid interfering with adequate sight distances. Project plans will be reviewed for any sight distance conflicts and will require approval by the City.

The internal circulation system would provide adequate fire department access. Final layout and site access design shall be reviewed and approved by the City Traffic Engineer as well as the Fire Department to ensure compliance with their established standards.

As a Condition of Approval, Traffic Control Plans will be required to be implemented as a Standard Condition during construction activities. These plans will substantially reduce or avoid any potential impacts that may arise due to conflicts with construction traffic, consistent with City standards. This plan will be especially important during offsite improvements in the Hobsonway ROW.

The project is not anticipated to increase hazards due to geometric design feature or incompatible uses, following implementation of the project design features, as well as the review and approval process at the City of Blythe. Impacts will be less than significant Emergency Access
A full discussion and analysis are included in the Draft EIR, Chapter 4.12- Transportation, pages

4.12-25 through 4.12-26, and Appendix M.1 Traffic Study and Appendix M.2 Vehicle Miles Traveled (VMT) Analysis.

Findings
The City Council finds that the project will not result in inadequate emergency access. Impacts are less than significant and no mitigation measures are required.

Discussion of Facts and Analysis Supporting the Findings The project proposes no changes to the City's roadway system and prior to construction, both the Fire Department and Police Department will review the project site plan to ensure satety measures are addressed, including emergency access, consistent with Fire Department and Police Department standards. Regional access to the project site will be provided via Interstate-10, major arterials, arterials and a variety of collector and local roads. Primary project access will be provided on Hobsonway via the Main Access; emergency access for the project will also be provided by two additional gated access points on Hobsonway. Internally, all rights of way will be 24 feet wide to comply with City/Fire department requirements to ensure emergency vehicle access and turnaround radius. All project access points onto public streets will be gated. For gated projects, 88 -201-
the Fire Department requires the installation of a Knox-Box Rapid Entry System or similar device o facilitate emergency access by fire fighters and other emergency first responders. The project i ot anticipated to result in inadequate emergency access. Therefore, impacts are less tha significant relative to inadequate emergency access.

Cumulative Transportation Impacts
Finding and Discussion of Facts and Analysis Supporting the Findings The City Council finds that the project's impact with respect to transportation would not be cumulatively considerable. Other realistically anticipated development projects which are either approved or being processed concurrently in the study area are incorporated as part of a cumulative analysis scenario.

Without the project, two study area intersections will be impacted at General Plan Buildout. The addition of the project does not require additional improvements beyond those identified in the General Plan. The project will be responsible for the installation of the main access at the Project Driveway and Hobsonway (#6 Main Access,) and the two emergency access points, as well as improvements to the adjacent roadway included in engineering plans, and fair share contributions to offsite improvements pursuant to the transportation component of the City's DIF. Additionally, the project will participate in the Traffic Uniform Mitigation Fee (TUMF) program prior to issuance of building permits.

For the deficient study intersections, improvements are needed in 2040 under both with or without project conditions. The project will be required to contribute to these General Plan programmed improvements on a fair share basis through payment of the City's DIF. Build out of the project, in conjunction with General Plan (2040) build out conditions will result in potential impacts, without improvements. However, with the implementation of project improvements, GP-programmed improvements, and conditions of approval, cumulative transportation impacts will be reduced to less than significant levels.

TRIBAL CULTURAL RESOURCES
Impacts to Significant Tribal Cultural Resources
A full discussion and analysis are included in the Draft EIR, Chapter 4.13- Tribal Cultural Resources, pages 4.13-5 through 4.13-6, and Appendix E Cultural Report.

Findings
The City Council finds that the project will not cause a substantial adverse change in the ignificance of a Tribal cultural resource that is listed or eligible for listing in the California Register of Historical Resources, or in a local Register of historical resources as defined in Public Resource Code Section 5020.1(k); or is a significant Tribal cultural resource pursuant to criteria 89 -202-
set forth in subdivision (c) of Public Resource Code Section 5024.1. Impacts are determined to be less than significant, and no mitigation measures are required.

Discussion of Facts and Analysis Supporting the Findings Upon development of the proposed project, Tribal Cultural Resources within or near the project site could potentially be impacted. However, the project archaeologist determined that no potential historical resources were identified within the project area throughout the course of the study.

The Sacred Lands File search by the NAHC produced positive results for Native American cultural resources in the general vicinity, but none of the local Tribes contacted during this study identified surface in the project area was obscured by alfalfa crops at the time of survey, but in light of the extensive ground disturbance that has occurred on the property in the past, ground visibility is not considered a significant hinderance to the survey efforts for the project's Historical and Archaeological Resources report.

Although the project's potential to impact significant Tribal Cultural resources appears to be low in the disturbed surface soils, it is always possible that unforeseen artifacts could become uncovered during construction activities. In that event, the project would be required to adhere to all City and State procedures, including CEQA Guidelines Section 15064.5, regarding stoppage of work, handling of uncovered resources, and notification of proper authorities to ensure that the project would not have an adverse effect on such resources. In addition, pursuant to DCC regulations, the project is subject to Health & Safety Code Section 7050.5(b), which requires notification of NAHC in the event that human remains are encountered that could be those of a Native American. As these legal requirements are enforced by the City and State, they are not considered mitigation measures, and will be implemented as regulatory requirements. Therefore, with the implementation of the regulatory requirements, impacts to Tribal Cultural resources are determined to be less than significant.

Cumulative Impacts to Tribal Cultural Resources
Finding and Discussion of Facts and Analysis Supporting the Findings The City Council finds that the project's cumulative impacts associated with Tribal cultural resources will be less than significant. Build out of the General Plan area, including lands of the proposed project, has the potential to cumulatively impact Tribal cultural resources. Development within the project site, however, does not have the potential to significantly impact cultural resources because of the extensive site disturbance and past and current agricultural operations.

Additionally, no resources were identified on or near the project site. Development of other projects within the City and surrounding area would also be subject to the same standard requirements, mitigation measures (as applicable), and compliance with federal and State law as the proposed project. Although continued development has the potential to cumulatively impact 90 -203-
these resources, the continued application of City policies, General Plan policies and programs, federal and State law all will assure that cumulative impacts associated with Tribal cultural resources will be less than significant. No mitigation measures are necessary.

UTILITIES AND SERVICE SYSTEMS
Require or Result in Construction of New or Expanded Facilities for Water, Wastewater, Drainage or Utilities
A full discussion and analysis are included in the Draft EIR, Chapter 4.14- Utilities, pages 4.14- 10 through 4.14-13, and Appendix K Preliminary Hydrology Report, Appendix F.1 West Coast Electric in their Engineering Package Submittal to Southern California Edison and Appendix F.2 Southern California Edison's Will Serve Letter.

Findings
The City Council finds that the project will not require or result in the relocation or construction Discussion of Facts and Analysis Supporting the Findings The potential for project-specific and cumulative impacts associated with utilities and related service systems was assessed based upon available data that considers the project, the project site, and related projects. Impacts on water demand, wastewater, solid waste, energy, and telecommunication facilities that would result from the project were identified by determining the future demand associated with project implementation. A quantitative comparison was used to determine impacts of the project on future demands. Communication between the project and the service providers during the project's construction and connection to existing facilities will occur Water: The City of Blythe provides potable water service to the community. The project proposes to connect to the existing water lines located in Hobsonway. The infrastructure and design components for the project will be consistent with City of Blythe requirements and the UWMP.

The project will be further reviewed by the City to ensure compliance with all current and applicable water requirements. No new off-site water facilities are required as a result of project development.

Wastewater Capacity: The City of Blythe provides sewer services to the community, including the project site. Wastewater is disposed of at the City's wastewater treatment plant (WWTP), located at the southerly portion of the City. The project is estimated to generate wastewater at 19,845 gpd or 0.020 MGD, which is less than one percent increase of the existing annual flow. No new wastewater treatment facilities are required as a result of the proposed project. 91 - 204-
Storm Water Drainage: The project is located in the East Colorado River Basin Planning Area which includes multiple watersheds encompassing the easternmost portion of Riverside, San Bernardino, and Imperial Counties, and the Colorado River Basin Region. At the regional level, the project is located within the Palo Verde Valley Watershed, also identified by the USGS as Hydrologic Unit (HU) 1503010408. The Palo Verde Valley Watershed encompasses approximately 388 square miles, including a majority of Blythe and the Palo Verde Irrigation District (PVID). As a standard requirement, the project site design will incorporate stormwater management by conveying site runoff into on-site retention basins with a combined capacity to handle the water quality management plan design capture volume and the controlling 100-year storm event volume. The project design features include a private storm drain system designed to capture and retain stormwater runoff from the entire project site and from an off-site tributary portion of Hobsonway along the northern boundary. The proposed storm drain system and runoff will not be connected or comingled with the adjacent P VID irrigation delivery channels as part of the routine operations. Instead, these facilities will be separated from project flows via barrier curb and grade separations.

The design criteria for sizing of the inlets, conveyances, and retention systems are based on the worst-case 100-year storm event for the site and development. In doing so, the project will prevent stormwater runoff discharge up to the design condition. All storm drain facilities and retention systems will be privately operated and maintained during the life of the project, such that they will not add or impede the City's public works operations. Although the project site is not located within a Municipal Storm Water Program, the proposed stormwater management method is functionally equivalent to the traditional requirements pertaining to the post-construction regulation of stormwater quantity and quality.

Electric Power: The site is within the Southern California Edison (SCE) service area for electric service. Existing overhead distribution power poles are located north of the project, on the north side of Hobsonway and along the western project boundary. The project will be required to connect to the existing off-site SCE electrical infrastructure to provide electricity to the site. Coordination with SCE will allow the project to extend electrical facilities along existing, disturbed right-of- way to serve the site, and to comply with all requirements of the utility provider during each phase of project development. Development of new electrical infrastructure will be required as part of the project after the development of the first building. The project will be required to build a circuit bank at an existing substation for the operation of buildings 2 through 12. The purpose of the circuit bank is to provide electricity to the project only, and as all construction will occur within SCE's existing facilities and rights-of-way, no significant effects will occur. The facility will be designed and constructed to the design standards of and in coordination with SCE, and the per the CPUC and FERC tariffs.

The project proposes using two (2), 12.47 kilovolt (KV) primary metered electrical services. Each building would have a connected load of approximately 2.88 - 3.56 Megawatt (MW) with a load diversity of 75 percent, and an anticipated demand of 2.44 - 2.67 MW per day. The entire project 92 -205-
will have a connected load of 38.5 MW with a load diversity of 75 percent anticipating a demand of 28.9 MW at 12.47 KV (SCE infrastructure).

Buildout of the project, related projects, and additional forecasted growth in SCE's service area would cumulatively increase the demand for electricity supplies and infrastructure capacity. Based on the project's estimated annual electrical consumption of 139,284 MW, the project would account for approximately 0.11 percent of SCE's total estimated demand in 2030.

During construction of the proposed project, electricity would be consumed to supply and convey water for dust control and, on a limited basis, may be used to power lighting, and electronic equipment. Electricity consumed for onsite construction trailers, which are used by managerial statt during the hours of construction activities and other construction activities necessitating electrical power would be provided by SCE. A total of approximately 1,988.2 KWh of electricity is anticipated to be consumed during construction. The electricity demand at any given time would vary throughout the construction period based on construction activities being performed and would cease upon completion of construction. When not in use, electric equipment would be powered off to avoid unnecessary energy consumption. The estimated construction electricity usage represents approximately 0.037 percent of the project's estimated annual operational demand.

Additionally, SCE implements energy conservation measures in the service area. The project will be required to comply with regional and local conservation measures to ensure project-related energy consumption is not significant. Energy codes established by the State will be implemented by the project as an effort to reduce energy consumption and increase energy efficiency at the project site. Finally, the project is subject to DCC Regulation 16304, which requires that 20% or project energy must be from renewable sources, including the solar panels that will be installed on at least 15% of all available roof space of the buildings.

Natural Gas: Natural Gas is provided within the City by Southern California Gas Company. The project does not propose the use of natural gas for project implementation.

Telecommunications: The project is located within Frontier and Charter Communications' service area for telecommunications. The project will be able to tie into the existing cable, elecommunications lines located along Hobsonway. The project will not require or result in the relocation or construction of new or expanded telecommunication facilities Sufficiency of Water Supplies
A full discussion and analysis are included in the Draft EIR, Chapter 4.14- Utilities, pages 4.14- 13 through 4.14-17, and Appendix K Preliminary Hydrology Report, Appendix F.1 West Coast Electric in their Engineering Package Submittal to Southern California Edison and Appendix F.2 Southern California Edison's Will Serve Letter.
93 -206-
Findings
The City Council finds that the project will have sufficient water supplies available to serve the oject and reasonably foreseeable future development during normal, dry and multiple dry year pacts will be less than significant impacts and no mitigation measures are require Discussion of Facts and Analysis Supporting the Findings Groundwater produced from the Palo Verde Valley Groundwater Basin is the sole source of domestic water supply in the City of Blythe. Blythe's 2020 adopted Urban Water Management Plan (UWMP) has been developed to assist the agency in reliably meeting current and future water demand from the project site during operation (non-potable water supplied by the PVID is currently used in connection with exiting agricultural operations on the project site); however, with the existing capacity and the project's compliance with water conservation measures in accordance with the applicable ordinance requirements pertaining to Water Conservation (Blythe Municipal Code 13.05) and the water conservation measures required under DC's Emergency Regulations, impacts to the water supply as a result of the proposed project would be less than significant.

Due to the lack of competition within the basin over groundwater rights, the Palo Verde Basin has not been adjudicated. As an unadjudicated basin, there are no legal pumping limits restricting the City's groundwater pumping. More importantly, there are no agreements in place between the City and PVID which restrict the amount of groundwater the City can extract from the basin. The only restrictions affecting the City's quantity of groundwater supplies is groundwater quality, which is monitored and enforced by the State Division of Drinking Water (DDW). Further, due to PVID's long-standing first-priority Colorado River water rights, and the legal definition of groundwater in the basin, there are no terms in place which limit the amount of groundwater available to the City.

As a result, the extent of the City's infrastructure is the only limitation on the volume of water that the City can supply. Nevertheless, as discussed above, the City has adopted, and the project shall implement and comply with, the water conservation measures contained in Blythe Municipal Code

13.05 with respect to both indoor water use and landscape irrigation.

The provisions of the Law of the River and the constant recharge of the Palo Verde Groundwater Basin secure both PVID's and the City's water supplies for the foreseeable future. Per the Blythe UWMP, the City is likely to expand its groundwater supply production capacity in the future, and this projected available water supply is a conservative estimate. The City's wells operate far less than 24/7, and the City has much more available water supply than needed.

Accordingly, there is substantial evidence to support the City Council's determination that there will be sufficient water supplies to meet the demands of the project and reasonably foreseeable future development during normal, dry, and multiple dry years. Therefore, impacts to the water supply as a result of the proposed project would be less than significant. 94 -207-
Wastewater Treatment System Capacity
A full discussion and analysis are included in the Draft EIR, Chapter 4.14- Utilities, pages 4.14- 17 through 4.14-18, and Appendix K Preliminary Hydrology Report, Appendix F.1 West Coast Electric in their Engineering Package Submittal to Southern California Edison and Appendix F.2 Southern California Edison's Will Serve Letter.

Findings
The City Council finds that the project will result in a determination by the wastewater treatment rovider which serves or may serve the project that it has adequate capacity for the project' rojected demand in addition to the provider's existing commitments. Impacts will be less thai significant impacts and no mitigation measures are required.

Discussion of Facts and Analysis Supporting the Findings The City of Blythe's Wastewater Treatment Plan (WWTP) treats an average of 1.2 mgd and has a daily capacity to treat 5.3 mgd. On a daily average, wastewater flows entering the WWTP are less than half of the WWTPs capacity. The project is estimated to generate wastewater at 19,845 gpd or 0.020 mgd, which is less than one percent increase of the existing annual flow. The project is not expected to exceed the City's wastewater capacity demand and impacts are less than significant.

Since development and population growth are not expected to drastically change over the course of this UWMP planning period (2045), the City anticipates that projected wastewater flows can be estimated using a wastewater return rate, which amounts to an average wastewater return rate of 90 gallons per-person-per-day. As indicated by Table 4.14-4 Projected Wastewater Flows Collected & Treated in the Draft EIR, the WWTP has capacity to handle all flows through 2040.

The project sewer pipes would connect to the existing manhole located on Hobson Way (north of the project). Two sewer lift stations are proposed on site to provide a gravity sewer feed. One on treatment capacity, and impacts are less than significant.

Generate Excess Solid Waste
A full discussion and analysis are included in the Draft EIR, Chapter 4.14- Utilities, pages 4.14- 1S thric in 4eta 19, and Ang enckage Submital to foules Report, diend and Appent F.2 Southern California Edison's Will Serve Letter.
95 -208-
Findings
The City Council finds that the project will not generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals. Impacts are less than significant and no mitigation measures are Discussion of Facts and Analysis Supporting the Findings Development of the proposed project would generate an increase in solid waste that is within the existing capacity of the City's landfill. The project would not impede the City's ability to meet the waste diversion requirements of the California Integrated Waste Management Act.

Construction-related waste would be transported to a local landfill authorized to accept this waste. for disposal or an appropriate recycling center authorized to accept recyclable materials.

Cannabis cultivation operations may generate solid waste from various materials and containers used during cultivation (e.g., soils, fertilizers, pesticides, pots), as well as household trash from workers, discarded irrigation tubing, and other equipment. Activities related to manufacturing, processing, and distribution would create solid wastes typical of other workplace activities (e.g., food containers, paper products). Solid waste would be collected by CR&RC and hauled to the Blythe Sanitary Landfill. All cultivation and operation plans must prepare a solid waste management plan that describes how solid waste would be disposed of as part of clearance and permit requirements.

The project is estimated to generate 200 pounds a week of unusable plant matter per building. The pounds a day and 0.016 tons per day and 62.4 tons per year. This is still well below the Blythe Sanitary Landfill's capacity of 400 tons per day and less than one percent of its daily capacity.

In order to determine whether project-generated waste from hazardous materials (such as light bulbs at the end of their lifespan) could be disposed of appropriately, the local waste management provider, CR&R Environmental Services, was contacted on March 29, 2022. CR&R stated that they do not accept hazardous waste generated by commercial facilities and directed the question towards a facility that accepts household hazardous waste. The Riverside County Department of Waste Resources (RDWR), when contacted, indicated that the closest facility that accepts commercial hazardous waste at the capacity that the project will be producing is Environmental Logistics, located at 140 West Monte Avenue, in Bloomington California approximately 175 miles west of Blythe. This site collects hazardous wastes, including light bulbs in large quantities, as well as cannabis waste. The project's coordination with waste disposal services is required as Mitigation Measure HAZ-5 (see Section 4.8, Hazards and Hazardous Materials, in the Draft EIR).

As part of its long-range planning and management activities, the Riverside County Department of Waste Resources (RCDWR) ensures that Riverside County has a minimum of 15 years of 96 -209-
capacity, at any time, for future landfill disposal. The most recent 15-year projection by the RCDWR indicates that no additional capacity is needed to dispose of countywide waste through 2024, with a remaining disposal capacity of 28,561,626 tons in the year 2024.

In addition, all future development would be required to comply with mandatory commercial and residential recycling requirements of Assembly Bill 341. The project will comply with all applicable solid waste statutes, policies and guidelines; and the project will be served by a landfill with sufficient capacity to serve the project. Therefore, impacts relative to solid waste are less than significant.

Comply with Statues and Regulations Related to Solid Waste A full discussion and analysis are included in the Draft EIR, Chapter 4.14-Utilities, pages 4.14-19.

Findings
The City Council finds that the project will comply with federal, State, and local management and reduction statutes and regulations related to solid waste. Impacts will be less than significant and no mitigation measures are required.

Discussion of Facts and Analysis Supporting the Findings The project will comply with all applicable solid waste statutes, policies and guidelines, including the mandatory diversion and recycling required under AB 341, which amended the California Public Resources Code (Section 42649 et seq.) to address solid waste diversion (1.e., recycling) to decrease the amount of waste going to landfills and thus extend their usable lives. AB 341 requires cities and counties, including Riverside County, to include source reduction, recycling and composting in their integrated waste management plans (IWMP). In addition, under AB 341 counties were required to "divert 50% of all solid waste from landfill disposal or transformation [e.g., incineration] by January 1, 2000, through source reduction, recycling and composting activities." By 2020, the target rises to "not less than 75% of solid waste." (Riv. County EIR No. 521).

All development is required to comply with the mandatory commercial and residential recycling requirements of Assembly Bill 341. The California Green Building Standards Code (Cal Green) pplies to all cities in California, and mandates that all new building construction develop a wast nanagement plan that includes diversion of at least 65% of construction and demolition materia from landfills, through recycling and/or reuse. Impacts relative to applicable solid waste regulations are determined to be less than significant because the project is required to, and will, comply with all such regulations.
97 -210-
Cumulative Impacts to Utilities and Service Systems
Findings and Discussion of Facts and Analysis Supporting the Findings The City Council finds that the project would not result in a significant cumulative impact to any utilities and service systems.

Water Supply: The proposed project's water demand would not exceed the water supplies available to serve the project. The Blythe 2020 UMP determined that the City has sufficient supplies to meet this demand, in addition to its other existing and projected demands, during normal, single dry, and multiple dry years. The proposed project's contribution to cumulative water supply impacts would also be less than significant.

Wastewater: The project would result in an increase to wastewater flows. Project flows would be delivered to the City's WWTP located in located at the southerly portion of the City. The proposed project is estimated to generate an amount of wastewater, which is less than one percent increase of the existing annual flow. Adequate sewer capacity exists to the serve the projects minimal increase to wastewater. The proposed project would connect into the existing sewer main in Hobsonway. The projected increase in wastewater flows would not require the expansion of wastewater treatment facilities. All new development in the City would be required to complete an environmental analysis per CEQA Guidelines, which would analyze and disclose any potentially significant impacts on wastewater services. Therefore, the project's contribution to cumulative wastewater would have less than significant impacts.

Solid Waste: Buildout of the General Plan will result in the construction and operation of various land uses including residential, commercial, and industrial uses, which would result in the increase of solid waste generated in the area. Development projects within the project area and in the City would be reviewed during the development review process to ensure they are designed to comply with all applicable solid waste regulations. The landfill serving the City and the project site still have an available remaining capacity and there is potential for expansion at the landfill.

The proposed project represents a small percentage of the overall remaining capacity at the Blythe landfill and would not substantially shorten the life of the landfills. Therefore, cumulative impacts to solid waste would be less than significant.

Electricity: Buildout of the project, related projects, and additional forecasted growth in SCE's service area would cumulatively increase the demand for electricity supplies and infrastructure capacity. Based on the project's estimated annual electrical consumption of 139,284 MW, the project would account for approximately 0.11 percent of SCE's total estimated demand in 2030. The proposed project, and other future development projects would be expected to incorporate energy conservation features, comply with applicable regulations including CALGreen and State energy standards under Title 24, and incorporate energy design features, as required. Increased efficiency, both in construction materials and fixture design, will apply not only to the proposed project, but to all cumulative projects developed within the service areas of local energy providers and fuel suppliers. Therefore, the project's contribution to cumulative impacts related to wasteful, inefficient, and unnecessary use of electricity would not be cumulatively considerable and, thus, would be less than significant. 98 -211-
Natural Gas: Due to the nature of the proposed project, it will not need to use natural gas and does not propose any gas connections. Therefore, demand would not be cumulatively considerable and would not cause or contribute to a significant cumulative impact.

Telecommunication: The project is located within Frontier's and Charter Communications' cumulative impact.

IV. FINDINGS REGARDING ENVIRONMENTAL EFFECTS HAVING NO
IMPACT

BIOLOGICAL RESOURCES
State or Federally Protected Wetlands
The site does not contain, nor is it adjacent to, federally protected wetlands, marshes or other drainage features. No blue-line stream corridors (streams or dry washes) are shown on U.S.

Geological Survey (USGS) maps for the project site nor are there botanical indicators of such corridors. As a result, implementation of the project would not result in the direct removal, filling or other hydrological interruption to federally protected wetlands. Therefore, the City Council finds that the project will have no impacts on federally protected wetlands.

The City Council further finds that there are no lakes, rivers, or streambeds regulated pursuant to the California Fish and Game Code present within the limits of the proposed project. While the CDFW comment letter states that the riparian habitat in and adjacent to the southwestern corner of the property "may be subject to Fish and Game Code Section 1602," the City Council agrees with and adopts the analysis and conclusions of the project biologist as a qualified expert who conducted site-specific investigations in making his determination of the jurisdictional question and habitat conditions, as set forth in Appendix A to the Final EIR and discussed in Response to Comments Nos. 1-e, 1-g, and 1-m, that the growth of trees and brush in the southwestern corner of the project site does not contain any significant habitat value nor does it qualify as a "river, stream, or lake" as that phrase is used in Fish and Game Code Section 1602. Therefore, the project will have no effect on any State or federally protected wetlands. However, as specified in mitigation measure BIO-4, prior to ground disturbance of any potential section 1602 resources, the Project should obtain written correspondence from the California Department of Fish and Wildlife (CDFW) concurring that notification under section 1602 of the Fish and Game Code is not required for the Project, or the Project should obtain a CDFW-executed Lake and Streambed Alteration Agreement, authorizing impacts to Fish and Game Code section 1602 resources associated with the Project. As a point of clarification, mitigation measure BIO-4 has been modified as shown on page 18 above in these Findings regarding riparian habitat to indicate that the Project Developer, and not the City, is required to implement the measure as a part of final permitting.
99 -212-
Effects on Adopted HCP, NCCP or Other Habitat Preservation Plans The City Council finds that there are no applicable local, regional, or State habitat conservation plans, and therefore, the project will not conflict with any such plans.

GEOLOGY AND SOILS
Effects Involving Rupture from Known Fault
The closest Alquist-Priolo Earthquake Fault Zone to the project site is located approximately 63 miles southwest of the subject property, associated with the San Andreas Fault Zone. The project site is not located on an active fault or within an Alquist-Priolo Earthquake Fault Zone. Further, no signs of active surface fault rupture or secondary seismic effects (lateral spreading, lurching, Therefore, there will be no impact associated with fault rupture on-site.

Septic Tanks or Alternative Wastewater Disposal Systems The proposed project will connect to the City's wastewater collection system and does include or propose the use of any septic tanks or alternative disposal systems, and this threshold does not apply to the project.

HAZARDS AND HAZARDOUS MATERIALS
Hazardous Materials Within ¼ Mile of a School.

The project site is not located within ¼ mile of an existing or proposed school. The closest school to the project site is I win Palms High School, located approximately 0.59 miles northeast of the project. Off-site improvements include an underground sewer line connection to existing City sewer lines on Hobsonway. The operation of the off-site sewer lines along Hobsonway is not anticipated to result in the routine transport, use, or disposal of hazardous materials. Therefore, the oroject's proposed onsite and offsite improvements will have no impact on schools as it relates to hazardous materials.

Safety Hazard or Excessive Noise within Two Miles of an Airport The project is not located near an existing airport or airport land use plan. The nearest airport facility to the project is Blythe Airport, located approximately 5.10 miles to the northwest. As a result, the project is located outside of the airport's influence and planning area. Flights approaching and departing the Blythe Airport may fly over the City and the project site with intermittent frequency; however, no hazards or hazardous materials impacts are anticipated. 100
- 213-
Expose People or Structures to Risk Involving Wildland Fires Severity Zone (FHŠZ) for Local Responsibility Area and outside of the Very High, High, Moderate FHSZ for State and Federal Responsibility Areas. Additionally, the project site and surrounding vicinity is not in or adjacent to wildlands. The project will include the on-site fire rotection facilities neil sor pose riery t or sinatures a signe regimenting with ta fires.

NOISE
Excessive Noise Levels Due to Proximity to an Airport or Air Strip The project is not located near an existing airport or airport land use plan. The nearest airport facility to the project is Blythe Airport, located approximately 5.10 miles to the northwest. As a result, the project is located outside of the airport's influence and planning area. Flights approaching and departing the Blythe Airport may fly over the City and the project site with intermittent frequency; however, no hazards or hazardous materials impacts are anticipated.

PUBLIC SERVICES
Impacts on Schools, Parks, Other Public Facilities
The Initial Study assessment of screening criterion related to these topics concluded that the project has no potential to impact schools because no school would be relocated as a result of the project development, the project would not result in substantial population growth and therefore would be unlikely to increase demand for schools in any particular location to the extent new or altered school facilities would be required, and the proposed project will be required to pay statutory development impact fees to the Palo Verde Unified School District.

Similarly, the proposed project would not create significant additional demand for public park facilities, nor result in the need to modify existing or construct new park facilities. The project is not anticipated to result in substantial population growth such that the demand for parks or other public facilities would necessitate new or altered recreational facilities. The project will be required to pay the City a fee for developing the commercial property as determined by Chapter

3.34, Development Impact Fee, of the Blythe Municipal Code, which includes a fee to fund additional recreational facilities in the City to meet future needs. Therefore, the project would have no impact on recreational facilities and no further analysis is needed.

Lastly, no increase in demand for government services or other public facilities is expected beyond those discussed previously in these Findings. No impacts are anticipated, and no further analysis is needed.
101
-214-
Effects Having No Impact and Not Analyzed Further in Draft EIR In addition to the foregoing potential environmental effects, for which the City Council finds that the project will have no impacts and do not require mitigation, the City Council further finds that the project will have no impacts to the following resource categories, do not require mitigation, and did not need to be analyzed in further detail within the Final EIR: Agriculture and Forest Resources, Land Use and Planning, Mineral Resources, Population and Housing, Recreation, and Wildfire. The Final EIR summarizes these impacts that were found to be insignificant in Chapter 6, and the City Council hereby adopts the findings, analysis and conclusions set forth therein.

In addition, the Final EIR Responses to Comments (pp. 2-36 and 2-37) further address that the project will not have any significant impacts relating to the conversion of Prime Farmland and Farmland of Statewide Importance, both because (i) the proposed cultivation of cannabis on the project site is considered an agricultural use under California law, and (i) because the conversion of agricultural land to commercial use for those agricultural properties currently designated with a General-Commercial (G-C) land use designation, such as the project site, was fully analyzed in the City's General Plan EIR and found to be less than significant due to the long-term preservation of other agricultural properties within the City and the greater Palo Verde Valley. Accordingly, whether the project is considered an agricultural use, conversion of the project site to commercial uses would not be a significant impact.

V. FINDINGS REGARDING ALTERNATIVES ANALYZED IN THE DEIR The State CEQA Guidelines section 15126.6(a) requires the discussion of a "a range of reasonable alternatives to a project, or the location of a project, which would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project and evaluate the comparative merits of the alternatives." The Guidelines states that the "range of potential alternatives to the proposed project shall include those that could feasibly accomplish most of the basic objectives of the project and could avoid or substantially lessen one or more of the significant effects" (Section 15126(c)). The Final EIR evaluated a reasonable range of alternatives to the proposed project. These alternatives are:

Alternative 1: No Project
Alternative 2: Reduced Density
Alternative 3: Cannabis Development/Leased Buildings
Alternative 4: General Commercial General Plan and Zoning Development When a lead agency has determined that a proposed project will still cause one or more significant environmental effects that cannot be substantially lessened or avoided after the adoption of all feasible mitigation measures, prior to approving the project as mitigated, the agency must determine whether there remain any project alternatives that are both environmentally superior with respect to such impacts and feasible within the meaning of CEQA.

An alternative may be rejected if it is "infeasible" or if it fails to achieve most of the basic project objectives identified within the EIR. "Feasibility" under CEQA encompasses the desirability of 102
-215-
the project based on a reasonable balancing of relevant economic, environmental, social, or other considerations which make infeasible the project alternatives.

Here, the project will not have any significant environmental effects that cannot be substantially lessened or avoided with implementation of the mitigation measures identified in the Final EIR and adopted by the City Council, and as a result, the City Council is not required to determine whether any of the project alternatives are both feasible and environmentally superior.

Nevertheless, to ensure the full disclosure of the City Council's findings and determinations with respect to each alternative, the City Council further finds as follows:

Alternative 1: No Project
CEQA Guidelines Section 15126.6 (e) requires the analysis of alternatives to include the specific alternative of "No Project." The purpose of describing and analyzing a No Project alternative is to allow decision makers to compare the impacts of approving the proposed project with the impacts of not approving the proposed project. Under the No Project Alternative ("Alternative 1"), the project would remain in its current and existing condition as an agricultural lot. Seasonal farming operations would continue, and no development would occur at the site under Alternative 1. The existing visual character and visual resources would remain the same, and none of the impacts of the project would occur.

Findings and Discussion of Facts and Analysis Supporting the Findings Although the No Project Alternative would be considered the environmentally superior alternative in that it would avoid any potential impacts identified for the project or the other alternatives, the City Council of the City of Blythe rejects the No Project Alternative for the following reasons:

1. The No Project Alternative is inconsistent with the General Plan, insofar as this alternative would not implement the General Plan's land uses for the property, which the City Council considers inconsistent with its vision for City land use policy under the General Plan.

2. The No Project Alternative does not meet any of the project objectives.

3. In particular, the project will cultivate and manufacture pesticide free, top-tier cannabis roducts from an environmentally conscious, state of the art, sophisticated, agri usiness campus that is compliant with the State of California cannabis busines licensing, providing a legal holistic option to patients and consumers in Blythe.

4. In addition, the project will create a sustainable and expandable model of commerce to Blythe by providing employment opportunities and diversifying its economic and general commercial base, which are significant public benefits that will not be realized under the No Project Alternative.

5. The project site remaining in its existing condition is not considered the most likely outcome if the proposed project is not approved, due to the existing General Plan and Zoning commercial designations.

The City Council therefore finds the No Project Alternative is unacceptable and rejects it. 103
-216-
Alternative 2: Reduced Density
Under this Alternative, the project would develop a reduced density cannabis project. Alternative 2 would reduce the number of buildings onsite by half. This Alternative would develop buildings i through 6, on approximately 20 of the acres of the eastern portion of the site. The western portion of the site would be vacant and/or available for continued farming activities.

Findings and Discussion of Facts and Analysis Supporting the Findings The City Council of the City of Blythe rejects the Reduced Density Alternative for the following reasons:

1. The Reduced Density Alternative does meet the basic project objectives, but to a lesser degree.

2. This Alternative would fail to generate an acceptable level of sales tax revenues in order to enhance the City's economic base and long-term financial stability; as the project will not have any significant and unavoidable environmental effects, the City Council is unwilling to reduce the potential economic benefits of the project by approving or adopting a reduced density alternative.

3. This Alternative would provide fewer employment opportunities due to its reduced size.

The City Council therefore finds the Reduced Density Alternative unacceptable and rejects it.

Alternative 3: Cannabis Development/Leased Buildings
Lease for individual an a businese id i envioped, with comedial buildings available or the onsite buildings for individual cannabis-related operations.

Findings and Discussion of Facts and Analysis Supporting the Findings The City Council of the City of Blythe rejects the Cannabis Development/Leased Buildings Alternative for the following reasons:

1. The Cannabis Development/Leased Buildings Alternative would result in equal impacts to aesthetics, biological resources, cultural resources, geology and soils, Tribal cultural resources, and utilities (sewer, telecommunications), compared to the project since both Alternative 3 and the project would develop the 34-acre site.

2. The Cannabis Development/Leased Buildings Alternative could result in increased impacts to air quality, energy, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, noise, transportation, and utilities (electricity) 104
-217-
compared to the proposed project due to the lack of synergies and economies of scale achieved with the proposed project.

3. This Alternative does not meet all of the project objectives because the operation would be handled by multiple lease holders and the individual operational practices and procedures would likely not be guaranteed by the individual operators. In particular, this Alternative would not ensure the cultivation and manufacture of pesticide free, top- tier cannabis products from an environmentally conscious, state of the art, sophisticated, agri-business campus; it would not bring a sustainable and expandable model of commerce to Blythe; nor would it provide a legal holistic, sustainable cannabis option to patients and consumers in Blythe.

The City Council therefore finds the Cannabis Development/Leased Buildings Alternative unacceptable and rejects it.

Alternative 4: General Commercial General Plan and Zoning Development The existing land use and zoning designation for the project property is General Commercial.

Under this Alternative, the property would be built as a typical general commercial development within General Commercial land use and zoning designations established by the City of Blythe.

According to Section 17.08.010 of the Blythe Municipal Code uses allowed within General Commercial zones could include automobile servicing, parking, or sales/rentals, eating and drinking establishments, (drive through) food and beverage sales, transient occupancies hotels, motel), administration/professional services (i.e., offices), animal boarding, health care, and grooming facilities, laundry services, and recreational/fitness facilities. These uses are permitted by right within the General Commercial zone. For example, Alternative 4 could develop two hotels (125 keys each) on 5 acres, three fast food sites (3,000 square feet each) on 3 acres, a convenience store on 1 acre, 20,000 square feet of commercial suites on 4 acres, and 30,000 square feet of professional/office suites as well as open space areas (retention, irrigation ditches and landscaping) on 8 acres. Alternative 4 would allow the development of these uses on the approximately 34-acre site.

Findings and Discussion of Facts and Analysis Supporting the Findings The City Council of the City of Blythe rejects the General Commercial General Plan and Zoning Development Alternative for the following reasons:

1. The proposed project will develop an environmentally conscious, state of the art, sophisticated, agri-business campus that provides pesticide-free, top-tier cannabis products, which would not occur with this alternative.

2. The proposed project will provide a legal holistic cannabis option to patients and alterative in Blythe and surounding areas, which would not occur with this 105
-218-

3. This alternative will likely result in increased impacts to air quality, energy (petroleum consumption), greenhouse gas emissions, noise, transportation, and utilities (water, wastewater, solid waste) due to public access to the project; although impacts to energy (electricity), hazards and hazardous materials, hydrology and water quality, and utilities (electricity) could potentially be reduced under this Alternative compared to he project, the City Council does not view those potential reductions as sufficient tr outweigh the increased impacts identified in this finding.

4. Impacts to aesthetics, biological resources, cultural resources, geology and soils, public services, Tribal cultural resources, and utilities (natural gas, telecommunications) would result in equal impacts compared to the project.

The City Council therefore finds the General Commercial General Plan and Zoning Development Alternative unacceptable and rejects it.

Additional Findings Regarding the Environmentally Superior Alternative A summary comparison of impacts associated with the project Alternatives is provided in the Draft EIR in Table 7-Î4, Comparison of Alternatives to Project. Of the Alternatives considered in this Draft EIR section, the No Project Alternative is environmentally superior to the other Alternatives because this Alternative would avoid any impacts identified for the project or any other alternative.

Although Alternative 1 is environmentally superior, it does not meet any of the objectives of the proposed project because it would not involve any commercial economic development of the site.

CEQA Guidelines Section 15126.6(e)(2) requires "if the environmentally superior alternative is the 'no project' alternative, the EIR shall also identify an environmentally superior alternative among the other alternatives." In general, the environmentally superior alternative minimizes adverse impacts to the environment, while still achieving the basic project objectives.

Of the remaining alternatives, Alternative 2 (reduced density project) would be the environmentally superior alternative because it would cause incremental reductions with respect to impacts related to all of the environmental topics except aesthetics and geology and soils, where resources, geology and soils, and hazards and hazardous material.

While Alternative 2 is considered to be the environmentally superior alternative, the City Council rejects it because Alternative 2 would not provide the same amount of employment and taxes compared to the proposed project, since Alternative 2 proposes a reduced density project. 106
-219-
VI. FINDINGS REGARDING CERTIFICATION OF FINAL EIR
Pursuant to CEQA and the State CEQA Guidelines, the City Council of the City of Blythe as the lead agency under CEQA is responsible for certification of the EIR and therefore makes the following findings:

1. The Final EIR was completed in compliance with the 2022 CEQA Statute and Guidelines.

2. The Final EIR was presented to the City Council, which reviewed and considered the information in the Final EIR prior to making its decision on the Project.

3. The certification of the Final EIR and the findings set forth herein reflect the City's independent judgment and analysis in its capacity as lead agency.

4. The City Council adopts the Mitigation Monitoring and Reporting Program (Chapter 4 of the Final EIR) to reduce or avoid the significant and mitigable impacts of the project and finds that these measures will be fully enforceable through the project conditions of approval.

5. The City Council finds that additional information and evidence submitted after release of the Draft EIR and prior to certification of the Final EIR does not constitute "significant new information," as defined in CEQA Guidelines Section 15088.5, but rather, merely clarifies and amplifies the information provided in the Draft EIR.

By these Findings, the City ratifies, adopts, and incorporates the analysis, explanation, findings, responses to comments and conclusions of the Final EIR. In addition, the Mitigation Monitoring and Reporting Program, and the mitigation measures specified therein, as well as the project design features identified in the Draft EIR, are hereby approved, and adopted, and shall be fully enforceable through the permit conditions, agreements, or other measures. Any finding made by the City shall be deemed made, regardless of where it appears in this document. All of the language included in this document constitutes findings by the City, whether or not any particular sentence or clause includes a statement to that effect. The City intends that these findings be considered as an integrated whole and, whether any part of these findings fail to cross-reference or incorporate by reference any other part of these findings, that any finding required or committed to be made by the City with respect to any particular subject matter of the Final EIR, shall be deemed to be made if it appears in any portion of these findings.

If any term, provision or portion of these Findings or the application of these Findings to a paties Findinis, is held by action to inter ad, vos related to there, the sema continue in ens force and effect unless amended or modified by the City. 107
-220-
EXHIBIT B of Resolution No. 2022-026

MITIGATION MONITORING AND REPORTING PROGRAM

ADOPTED BY THE CITY COUNCIL

FOR THE CITY OF BLYTHE
for the

EDELWEISS SUSTAINABLE FARMS PROJECT
August 9, 2022
-221-

EDELWEISS SUSTAINABLE FARMS PROJECT - MITIGATION MONITORING AND REPORTING PROGRAM Introduction
If mitigation measures are required or incorporated into a project as part of the CEQA process, the lead agency must adopt a Mitigation Monitoring and Reporting Program (MMRP) to ensure compliance with the project's mitigation measures. Section 15126(a)(2) of the CEQA Guidelines provides that a project's mitigation measures must be enforceable through permit conditions, agreements, or other mechanisms. CEOA and the CEQA Guidelines further provide that the MMRP must be adopted at the time of project approval. However, while the MMRP does not have to be included in the EIR, for the sake of maximizing public transparency, a copy of the proposed project's MMRP has been included in this Final EIR below.

In light of the foregoing, this Chapter contains the proposed project's MMRP. The MMRP was prepared to provide a program for not only monitoring and reporting on the project's mitigation measures, but also enforcing compliance with respect to the implementation of each mitigation measure adopted for the project. The purpose of the mitigation measures is to mitigate or avoid significant environmental effects of the project.

Monitoring Authority
The City may delegate duties and responsibilities for monitoring any given mitigation measure to designated environmental monitors or consultants as deemed necessary. The City may also delegate such duties and responsibilities to certain responsible agencies, affected jurisdictions, enforcement and regulatory agencies of the state or county, special districts and other agencies. The same duties and responsibilities may also be delegated to qualified private entities which accept the delegation.

The City's Planning Department (or equivalent positions of other designated agencies or entities) must ensure that the officials delegated the duties or responsibilities to monitor any given set of mitigation measures are qualified to assume such duties and responsibilities.

Any deviation from the procedures identified under the MMRP shall require prior approval or authorization by the City. Moreover, any deviations from any of the established monitoring procedures set forth in the MMRP and any remedial actions taken to correct such deviations shall be reported immediately to the City by the assigned environmental monitor or consultant.

Notwithstanding any such delegation, the City shall remain responsible for monitoring the implementation of all of the project's mitigation measures in accordance with the project's MMRP.

Enforcement Responsibility
The mitigation measures for the proposed project will primarily apply prior to or during construction of the project in all phases of development the project. The City shall be responsible for enforcing each mitigation measure, albeit the City may assign such enforcement responsibilities to a qualified -222-

EDELWEISS SUSTAINABLE FARMS PROJECT - MITIGATION MONITORING AND REPORTING PROGRAM environmental monitor. The assigned environmental monitor for each construction activity shall report any problems with enforcement to the City and appropriate agencies.

The MMRP prepared for the proposed project will be fully enforceable through permit conditions, agreements, or other measures.

Mitigation Monitoring Table
Table 1, Edelweiss Sustainable Farms Mitigation Monitoring and Reporting Program, below identifies for each mitigation measure: (1) the potential impact on the environment that the mitigation measure is focused on; (2) a description of the mitigation measure; (3) who or which entity is responsible for monitoring the mitigation measure; (4) the timing for implementing the measure; and (5) the anticipated level of significant after mitigation. -223-

EDELWEISS SUSTAINABLE FARMS PROJECT - MITIGATION MONITORING AND REPORTING PROGRAM Table 1
Edelweiss Sustainable Farms Mitigation Monitoring and Reporting Program Level of
Potential Impacts on Responsible Timing Significance
Mitigation Measure Party
the Environment after Mitigation
Air Quality
a. Conflict with implementation of AQ-1 The project shall implement a Fugitive Dust Abatement Plan to applicable air quality plan reduce the amount of particulate matter entrained in the ambient b. Cumulatively considerable net air as a result of anthropogenic fugitive dust sources by requiring increase if any criteria pollutant actions to prevent, reduce or mitigate fugitive dust emissions. The c. Expose sensitive receptors to Fugitive Dust Abatement Plan requires the implementation of best substantial pollutant management practices (BMPs) such as the use of perimeter fencing, concentrations applying adhesive dust suppressant, and/or watering the project e. Result in other emissions (such site. The project property shall implement the BMPs for on- and off- as those leading to odors) site improvements outlined within their project-specific Fugitive adversely affecting a substantial Dust Abatement Plan during construction of the project site. number of people Additionally, each phase of construction will develop BMPs to City
protect previous phase occupants. Planning Prior to
AQ-2 To comply with the City and MDAQMD requirements, the project will Department approval Less than include an odor control system with ventilation and filtration Project of grading Significant devices specifically sized and installed in each building to prevent Applicant/ plans internal odors from being emitted externally. MDAOMD requires a Developer Cannabis Odor Compliance Plan to be filed for every licensed cultivation operation. Therefore, the application process will include identifying an odor control system and associated specifications for MDAQMD review and approval. Under Rule 204, the control devices must be installed, operated, and maintained in strict compliance with those recommendations of the
manufacturer/supplier and/or sound engineering principles which produce the minimum emissions of air contaminants. Authorized equipment must be maintained and kept in good operating condition at all times. The odor control plan elements shall be designed and integrated with the architectural and electrical design

EDELWEISS SUSTAINABLE FARMS PROJECT - MITIGATION MONITORING AND REPORTING PROGRAM Level of
Potential Impacts on Responsible
Mitigation Measure Timing Significance
the Environment Party
after Mitigation
plans for each building and shall be subject to review and approval by the City.

Biological Resources
a. Candidate, sensitive or special BIO-1: A burrowing owl pre-construction clearance survey shall be status species performed by a qualified biologist no less than 14 days prior to any b. Riparian habitat (No Impact) site disturbance (grubbing, grading, and construction). The pre- construction survey shall be conducted in accordance with 2012 c. Federally protected wetlands Staff Report on Burrowing Owl Mitigation (Department of Fish and d. Movement of wildlife Game, March 2012). The qualified biologist shall survey the e. Conflict with local policies (No construction area and an area up to 500 feet outside the project Impact) limits on publicly accessible lands for burrows that could be used by f. Conflict with applicable habitat burrowing owls and impacted by the construction activities. If no Qualified conservation plan (No Impact) burrowing owls) or sign thereof are observed onsite during the pre- Biologist construction clearance survey, a letter shall be prepared by the qualified biologist documenting the results. The letter shall be City submitted to the California Department of Fish and Wildlife (CDFW) Planning Prior to prior to issuance of any grading permits, and no further action is Department ground required. If an active burrow or burrowing owls) or sign thereof is California disturbin Less than Significant
observed onsite during the pre-construction clearance survey, areas Department occupied by burrowing owls shall be avoided. No ground-disturbing of Fish and activities activities shall be permitted within a 160-foot diameter buffer area. Wildlife A smaller buffer may be established if the qualified biologist Project determines that a reduced buffer would not adversely affect the Applicant/ burrowing owls). If project activities are scheduled to commence Developer during the breeding season of the burrowing owl (February 1 to August 31), project activities must be delayed until September 1 or until another clearance survey finds that every owl nestling has fledged (permanently left the nesting burrow).

If burrowing owls cannot be avoided by the project, then a qualified biologist shall prepare and submit a passive relocation program in accordance with Appendix E (i.e., Example Components for Burrowing Owl Artificial Burrow and Exclusion Plans) of the 2012

EDELWEISS SUSTAINABLE FARMS PROJECT - MITIGATION MONITORING AND REPORTING PROGRAM Level of
Potential Impacts on Responsible Timing
Mitigation Measure Party Significance
the Environment after Mitigation
Staff Report on Burrowing Owl Mitigation to CDFW for
review/approval prior to the commencement of project activities.

Only resident non-breeding owls (owls occupying burrows between approximately September 1 and January 31) may be passively excluded from their burrows through the installation of exclusion gates (one-way doors) that allow the owls to leave the burrow but not reenter. Prior to passive relocation, suitable replacement burrow site(s) shall be provided at a minimum ratio of 2:1 and permanent conservation and management of burrowing owl
habitat, such that the habitat acreage, number of burrows and burrowing owl impacts are replaced shall be consistent with the Staff Report on Burrowing Owl Mitigation including its Appendix A within designated adjacent conserved lands identified through coordination with CDFW. A qualified biologist shall confirm the natural or artificial burrows on the conservation lands are suitable for use by the owls. Monitoring and management of the
replacement burrow site(s) shall be conducted, and a reporting plan shall be prepared for CDFW review and approval. The objective shall be to manage the replacement burrow sites for the benefit of burrowing owls (e.g., minimizing weed cover), with the specific goal of maintaining the functionality of the burrows for a minimum of 2 years. A final letter report shall be prepared by the qualified biologist documenting the results of the passive relocation. Since all the land surrounding the project is private property, the project proponent must obtain in writing the landowner's approval before constructing the artificial burrows. A qualified biologist shall lead and coordinate this endeavor with the California Department of Fish and Wildlife.

BIO-2: All grading, clearing, and ground disturbing activities within 300 feet of the "artificial oasis" area shall be conducted outside of nesting season (non-nesting season is typically from September 16 through December 31) to the maximum extent feasible. If such activities begin during the nesting bird season, a qualified biologist shall

EDELWEISS SUSTAINABLE FARMS PROJECT - MITIGATION MONITORING AND REPORTING PROGRAM Responsible Level of
Potential Impacts on Mitigation Measure Timing Significance the Environment Party
after Mitigation
conduct a pre-project nesting bird survey to verify the absence of nesting birds within the work area and surrounding 300-foot buffer no more than two hours prior to initiating such activities. For any such activity occurring during the nesting season, typically January 1 through September 15 for raptors in southern California and February 1 through September 1 for passerine birds, a qualified biologist shall conduct at least one nesting bird survey, and more if deemed necessary by the qualified biologist, within three (3) days prior to initiation of Project-related activities. If active nests containing eggs or young are found, no work shall be permitted near the nest until the young birds have fledged or the nest is no longer active. A qualified biologist shall establish an appropriate nest avoidance buffer to be marked on the ground. Nest avoidance buffers are species specific and shall be about 100 feet for passerines and 300 feet for raptors. A smaller or larger buffer may be determined by the qualified biologist familiar with the nesting phenology of the nesting species and based on nest and buffer monitoring results. Established buffers shall remain on site until a qualified biologist determines the young have fledged or the nest is no longer active. Active nests and adequacy of the established buffer distance shall be monitored by the qualified biologist until the qualified biologist has determined the young have fledged or the Project is finished. The qualified biologist has the authority to stop work if nesting pairs exhibit signs of disturbance.

BIO-3: To avoid impacts to special-status bat species and identify roosting habitat, bat surveys shall be conducted by a qualified bat biologist prior to initiation of Project activities within 300 feet of the "artificial oasis" area on the project site. Surveys shall be conducted within the "artificial oasis" and 100-foot buffer during appropriate weather conditions.

The qualified bat biologist shall identify the bats to the species level and evaluate the colony to determine its size and significance, and

EDELWEISS SUSTAINABLE FARMS PROJECT - MITIGATION MONITORING AND REPORTING PROGRAM Level of
Potential Impacts on Responsible Timing
Mitigation Measure Party Significance
the Environment
after Mitigation
presence of a maternal colony. Project activities that do not produce noise or vibrations substantially higher than ambient conditions may be conducted if a non-maternal roosting colony is present at the qualified bat biologist's discretion. If the qualified bat biologist determines that non-maternal colony roosting bats are disturbed by construction activities, construction activities shall cease immediately and additional avoidance measures (e.g., installation of a noise shroud or sound curtain) and coordination with CDFW shall be required before activities resume within 300 feet of the "artificial oasis" area.

If a maternity colony is present, tree removal and/or modification shall occur outside the bat maternity season (typically April 1 through August 31) in the fall (after flightless young have become volant as determined by the qualified bat biologist) and under the supervision of a qualified bat biologist. The qualified bat biologist shall supervise the following two-step process of tree removal that shall occur over a 2-day period to avoid direct mortality of foliage- roosting species: (1) On Day 1, branches and limbs that do not contain crevices or cavities shall be removed using hand tools or chainsaws. The goal is to create a disturbance sufficient to cause any bats roosting in the tree to leave that night and not return, but not at a level of intensity that will cause bats to fly out of the tree during the disturbance itself (i.e., during the daytime, when leaving the roost will likely result in predation) and (2) On Day 2, the remainder of the tree may be removed.

BIO-4: Prior to ground disturbance of any potential section 1602 resources, the Project Developer City-should obtain written correspondence from the California Department of Fish and Wildlife (CDFW) concurring that notification under section 1602 of the Fish and Game Code is not required for the Project, or the Project Developer Gity-should obtain a CDFW-executed Lake and Streambed Alteration

EDELWEISS SUSTAINABLE FARMS PROJECT - MITIGATION MONITORING AND REPORTING PROGRAM Responsible Level of
Potential Impacts on Mitigation Measure Timing Significance the Environment Party
after Mitigation
Agreement, authorizing impacts to Fish and Game Code section 1602 resources associated with the Project.

Geology and Soils
a. Expose people or structures to GEO-1 All earthwork including excavation, backfill and preparation of the potential substantial adverse subgrade soil, shall be performed in accordance with the effects involving: geotechnical recommendations, presented below, and portions of i. Rupture (Less than Significant the local regulatory requirements, as applicable. All earthwork Impact) should be performed under the observation and testing of a qualified soil engineer. The following geotechnical engineering ii. Strong Seismic Shaking recommendations for the proposed project are based on
ili. Seismic-related ground failure, observations from the field investigation program, laboratory including liquefaction testing and geotechnical engineering analysis. Qualified iv. Landslides (No Impact) Stripping: Areas to be graded shall be cleared of any existing Soils structures, subsurface improvements, Engineer
b. Substantial Soil Erosion or loss
of topsoil vegetation, the associated root systems, concrete and debris. City c. Located on an Unstable All areas scheduled to receive fill should be cleared of any Planning, During Geologic Unit oversized or unsuitable material that should be removed off Engineering ground Less than d. Located on Expansive Soil & Public disturbing Significant e. Inadequate soils to support accordance with the compaction recommendations of the Works activities septic tanks (No Impact) Geotechnical Investigation. Department Preparation of the Building Areas: In order to achieve firm and Project uniform bearing conditions, over-excavation and re-
compaction shall occur throughout the building areas. All Applicant/ artificial fill soil and low density near surface native soil should Developer be removed to a depth of at approximately 3 feet below
existing grade or 2 feet below the bottom of the footings, whichever is deeper. Remedial grading should extend
laterally, a minimum of five feet beyond the building
perimeter. The soil exposed by over-excavation should be scarified, moisture conditioned to near optimum moisture content and compacted to at least 90 percent relative
compaction.

EDELWEISS SUSTAINABLE FARMS PROJECT - MITIGATION MONITORING AND REPORTING PROGRAM Level of
Potential Impacts on Responsible Timing
Mitigation Measure Party Significance
the Environment after Mitigation
• Compaction: The soil removed by over-excavation and any other material to be used as engineered fill soil should be free of organic material, debris, and any deleterious substances and should not contain irreducible matter greater than 8 inches in maximum dimension. The soil removed during over- excavation and all fill materials should be placed in thin lifts not exceeding six inches in a loose condition at over optimum moisture content. If import fill is required, the material should be of non-expansive nature and shall meet the following criteria:

Plastic Index Less than 12
Liquid Limit Less than 35
Percent Soil Passing #200 Sieve Between 15% and 35%
Maximum Aggregate Size 3 Inches
The subgrade and all fill material shall be compacted with acceptable compaction equipment, to at least 90 percent relative compaction. The bottom of the excavation should be observed by a representative of Sladden Engineering prior to fill placement. Compaction testing should be performed on all lifts in order to verify proper placement of the fill materials. • Shrinkage and Subsidence: Volumetric shrinkage of the material that is excavated and replaced as controlled
compacted fill shall be anticipated. It is estimated that shrinkage could vary from 10 percent to 20 percent.

Subsidence of the surfaces that are scarified and compacted shall be between 1 and 3 tenths of a foot. This will vary depending upon the type of equipment used, the moisture content of the soil at the time of grading and the actual degree of compaction attained.
• Stabilization: Deeper excavations will likely require stabilization due to shallow groundwater conditions. A
-230-

EDELWEISS SUSTAINABLE FARMS PROJECT - MITIGATION MONITORING AND REPORTING PROGRAM Level of
Potential Impacts on Mitigation Measure Responsible Timing Significance
the Environment Party
after Mitigation
gravel/crushed rock layer approximately 2 feet thick should be placed within the excavation bottoms to provide a stable working platform and to promote drainage and removal of groundwater that seeps into the excavation. The
gravel/crushed rock should be surrounded by an appropriate filter fabric to prevent the migration of fines during
dewatering operations. Geogrid reinforcement should be
placed withing the gravel/crushed rock.

GEO-2 Conventional Shallow Spread Footings: Conventional shallow spread footings are expected to provide adequate support for the proposed buildings. Load bearing walls may be supported on continuous footings and interior columns may be supported on isolated pad footings. All footings should be founded upon properly compacted engineered fill soil and should have a minimum embedment depth of 18 inches measured from the lowest adjacent finished grade.

Continuous and isolated pad footings should have minimum widths of 12 inches and 24 inches, respectively. Continuous and isolated pad footings may be designed using an allowable (net) bearing pressures of 1,800 and 2,000 pounds per square foot (psf), respectively. Allowable increases of 250 psf for each additional 1 foot in width and 250 psf for each additional 6 inches in depth may be utilized, if desired. The maximum allowable bearing pressure should be 3,000 psf. The maximum bearing pressure applies to combined dead and sustained live loads. The allowable bearing pressure may be increased by one-third when considering transient live loads, including seismic and wind forces.

Based on the allowable bearing pressures recommended above, the total static settlement of the shallow footings is anticipated to less than one-inch, provided that foundation preparation conforms to the recommendations provided in this report. Differential static settlement is anticipated to be approximately one-half the total

EDELWEISS SUSTAINABLE FARMS PROJECT - MITIGATION MONITORING AND REPORTING PROGRAM Level of
Potential Impacts on Mitigation Measure Responsible Timing the Environment Party Significance
after Mitigation
static settlement for similarly loaded footings spaced up to approximately 40 feet apart.

Lateral load resistance for the spread footings will be developed by passive soil pressure against the sides of the footings below grade and by friction acting at the base of the concrete footings bearing on compacted fill. An allowable passive pressure of 250 psf per foot of depth may be used for design purposes. An allowable coefficient of friction 0.40 may be used for dead and sustained live loads to compute the frictional resistance of the footing placed directly on compacted fill. Under seismic and wind loading conditions, the passive pressure and frictional resistance may be increased by one- third.

All footing excavations should be observed by a representative of the project geotechnical consultant to verify adequate embedment depths to placement of forms, steel reinforcement or concrete. The excavations should be trimmed neat, level and square. All loose, disturbed, sloughed or moisture softened soils and/or any construction debris should be removed prior to concrete placement.

Excavated soil generated from footing and/or utility trenches should not be stockpiled within the building envelope or in areas of exterior concrete flatwork. All footings should be reinforced in accordance with the project Structural Engineer's recommendations.

GEO-3 Slabs on Grade: Concrete slabs-on-grade must be placed on properly compacted engineered fill as outlined in the Geotechnical Report.

The slab subgrades should remain at over optimum moisture content and should not be permitted to dry prior to concrete placement. All slabs subgrades should be firm and unyielding.

Disturbed soil should be removed and then replaced and compacted to a minimum of 90 percent relative compaction.

Floor slab thickness and reinforcement should be determined by the Structural Engineer. Based on the anticipated use, a minimum floor

EDELWEISS SUSTAINABLE FARMS PROJECT - MITIGATION MONITORING AND REPORTING PROGRAM Level of
Potential Impacts on Responsible Timing
Mitigation Measure Party Significance
the Environment
after Mitigation
slab thickness of 5.0 inches and minimum slab reinforcement of #4 bars at 24 inches on center. All slab reinforcement should be properly supported to ensure that reinforcement is placed at slab mid-height.

Slabs with moisture sensitive surfaces should be underlain with a moisture vapor retarder consisting of polyvinyl chloride membrane such as 10-mil visqueen, or equivalent. All laps within the membrane should be sealed and at least 2 inches of clean sand should be placed over the membrane to promote uniform curing of the concrete. To reduce the potential for punctures, the membrane should be placed on a pad surface that has been graded smooth without any sharp protrusions. If a smooth surface cannot be achieved by grading, consideration should be given to placing a one-inch thick leveling course of sand across the pad surface prior to placement of the membrane.

GEO-4 Exterior Concrete Flatwork: To minimize cracking of concrete flatwork, the subgrade soil below concrete flatwork areas should be compacted to a minimum of 90 percent relative compaction. A representative of the project geotechnical consultant should observe and verify the density and moisture content of the soil prior to concrete placement.

GEO-5 Utility Trench Backfill: All utility trench backfill should be compacted to a minimum of 90 percent relative compaction. Trench backfill materials should be placed in lifts no greater than six inches in a loose condition, moisture conditioned (or air-dried) as necessary to achieve over optimum moisture content, and then mechanically compacted to a minimum of 90 percent relative compaction. A representative of the project soil engineer should test the backfill to GEO-6 Drainage: All final grades should be provided with positive gradients away from foundations to provide rapid removal of surface water

EDELWEISS SUSTAINABLE FARMS PROJECT - MITIGATION MONITORING AND REPORTING PROGRAM Level of
Potential Impacts on Responsible Timing
Mitigation Measure Significance
the Environment Party after Mitigation
runoff to an adequate discharge point. No water should be allowed to be pond on or immediately adjacent to foundation elements. In order to reduce water infiltration into the subgrade soil, surface water should be directed away from building foundations to an adequate discharge point. Subgrade drainage should be evaluated upon completion of the precise grading plans and in the field during grading.

GEO-7 Retaining Walls: Minor retaining walls may be required to accomplish the construction of the project. Cantilever retaining walls may be designed using "active" pressures. Active pressures may be estimated using an equivalent fluid weight of 35 pcf for native backfill soil with level drained backfill conditions. "At Rest" pressures should be utilized for restrained walls. At rest pressures may be estimated using an equivalent fluid weight of 55 pcf for native backfill soil with level drained backfill conditions.

GEO-8 Corrosion Series: The soluble sulfate concentrations of the surface soil was determined to be 180 parts per million (ppm). The soil is considered to have a "very low" corrosion potential with respect to concrete in accordance with ACI 318. The use of Type V cement and special sulfate resistant concrete mixes will be necessary. Soluble sulfate content of the surface soil should be reevaluated after grading and appropriate concrete mix designs should be established based upon post-grading test results.

The pH levels of the surface soil was determined to be 9.2. Based on soluble chloride concentration testing (80 ppm), the soil is considered to have a "very low" corrosion potential with respect to normal grade steel. The minimum resistivity of the surface soil was found to be 1,600 ohm-cm, that suggests the site soil is considered to have a "moderate" corrosion potential with respect to ferrous metal installations. A corrosion expert should be consulted

EDELWEISS SUSTAINABLE FARMS PROJECT - MITIGATION MONITORING AND REPORTING PROGRAM Responsible Level of
Potential Impacts on Mitigation Measure Timing Significance the Environment Party after Mitigation
regarding appropriate mitigation measures for corrosion sensitive materials.
f. Destroy a unique GEO-9 All earth-moving operations reaching beyond the depth of three paleontological resource or feet shall be monitored by a qualified paleontological monitor. The site or unique geologic monitor shall be empowered to stop earth moving activities if fossils feature are identified. The monitor shall be prepared to quickly salvage fossils, but must have the power to temporarily halt or divert construction equipment to allow for removal of abundant or large Qualified specimens. A monitoring plan shall be provided to the City prior to Paleontologi During the issuance of any earth moving permit, or the disturbance of any cal Monitor earth- soils on the site, which will include: moving
City activities
• Samples of sediments shall be collected and processed to Planning reaching Less than recover small fossil remains. Department beyond Significant Recovered specimens shall be identified and curated at a the depth repository with permanent retrievable storage that would Project of three allow for further research in the future. Applicant/
feet
Developer
A report of findings, including an itemized inventory of recovered specimens and a discussion of their significance when appropriate, shall be prepared upon completion of the research procedures outlined above. The report shall be provided to the City of Blythe Development Services Department.

Hazards and Hazardous Materials
a/b. Transport, Use, or Disposal of HAZ-1 The project is required to comply with the most current Hazardous Materials and Construction General Permit (CGP) (Order No. 2009-0009-DWQ as Riverside Prior to Accidental Release of Hazardous amended by 2010-0014-DWQ and 2012-0006-DWQ). Compliance County approval with the CGP involves the development and implementation of a Department of grading Less than c. Emit hazardous emissions or plans
project-specific Stormwater Pollution Prevention Plan (SWPPP). The Significant handle hazardous materials
required plan will identify the locations and types of construction Environmen Priorto within one-quarter mile of a
school (No Impact) activities requiring BMPs and other necessary compliance measures tal Health project to prevent soil erosion and stormwater runoff pollution. A Notice of

EDELWEISS SUSTAINABLE FARMS PROJECT - MITIGATION MONITORING AND REPORTING PROGRAM • Level of
Potential Impacts on Responsible
Mitigation Measure Timing Significance
the Environment Party
after Mitigation
d. Hazardous Materials Onsite Intent (NOI) to implement a SWPPP must be submitted through the City operation Pursuant to Government Code Stormwater Multiple Application and Report Tracking System Planning Section 65962.5. (SMARTS), in which a Waste Discharge Identification (WDID) Department e. For a project located within an number will be issued. The SWPPP and WDID must be kept on-site Fire airport land use plan or, within and used during the life of the project. two miles of a public airport or Department
public use airport, would the HAZ-2 Should the project store 200 or more cubic feet of compressed gas Project project result in a safety hazard at the project site, the project shall prepare a Hazardous Materials Applicant/ or excessive noise for people Business Plan (HMBP), as required by Chapter 6.95 of the California Developer residing or working in the Health and Safety Code (HSC) and enforced by the Riverside County project area (No Impact) Department of Environmental Health (DEH). HMBPs must include at f. Interfere with the Adoption or least the following:

Implementation of an
Emergency Response Plan • A list of the chemical name and common names of every hazardous substance or chemical product handled by the
business;
• The category of waste, including the general chemical and mineral composition, of every hazardous waste handled by the business;
• The maximum amount of each hazardous material or mixture containing a hazardous material that is present onsite; • Sufficient information on how and where the hazardous materials are handled by the business to allow fire, safety, health, and other appropriate personnel to prepare
adequate emergency responses to potential releases of the hazardous materials;
Emergency response plans and procedures in the event of a reportable release or threatened release of a hazardous material; and
• Training for all new employees and annual training, including refresher courses, for all employees on safety procedures in the event of a release or threatened release of a hazardous material.
987-

EDELWEISS SUSTAINABLE FARMS PROJECT - MITIGATION MONITORING AND REPORTING PROGRAM Level of
Potential Impacts on Responsible Timing Significance
Mitigation Measure Party
the Environment after Mitigation
HAZ-3 The project would be required to comply with Occupational Safety and Health Administration (OSHA) Regulations and standards, including worker personal protective equipment requirements.

These standards are codified in 29 Code of Federal Regulations (CFR) Part 1910, which address issues that range in scope from walking and working surfaces, to exit routes and emergency planning, to hazardous materials and personal protective equipment. They include exposure limits for a wide range of specific hazardous materials, including pesticides, as well as requirements that employers provide personal protective equipment to their employees wherever it is necessary (i.e., when required by the label instructions). OSHA standards also require that chemical manufacturers and importers obtain and develop Safety Data Sheets (SDSs). Employers must have an SDS in the workplace for each chemical they use.

HAZ-4 The project shall dispose of all cannabis plant waste in accordance with Section 17223 of the Department of Cannabis Control (DCC) Medicinal and Adult-Use Commercial Cannabis Regulations, California Code of Regulations (CCR) Title 4. This document establishes requirements for the disposal of cannabis waste and the reporting of cannabis waste disposal.

HAZ-5 The project shall dispose of light bulbs used for indoor cultivation at a certified facility that accepts commercial hazardous waste. Closest commercial hazardous waste site to the proiect is Environmental Logistics, located at 140 West Monte Avenue, in Bloomington California. The project will be required to receive approval from Environmental Logistics, pay the associated fee, and coordinate waste pick-up. Environmental Logistics provides pick-up services, and all waste is picked up in Department of Transportation (DOT) certified containers and transported to their facilities.

HAZ-6 The project shall be required to have certification from and comply with local jurisdictions, including the City of Blythe and the Fire

EDELWEISS SUSTAINABLE FARMS PROJECT - MITIGATION MONITORING AND REPORTING PROGRAM Level of
Potential Impacts on Responsible Timing Significance
Mitigation Measure Party
the Environment after Mitigation
Department, to ensure building, electrical, and fire codes are properly implemented at the site.

Hydrology and Water Quality
a. Violation of Water Quality
Standards or Waste Discharge HWQ-1 The project proponent must comply with the most current Requirements Construction General Permit (CGP) (Order No. 2009-0009-DWQ as b. Decrease groundwater supplies amended by 2010-0014-DWQ and 2012-0006-DWQ). Compliance (Less than Significant Impact) with the CGP involves the development and implementation of a c. Alter the site's existing drainage project-specific Stormwater Pollution Prevention Plan (SWPPP), pattern, which would: which is designed to reduce potential adverse impacts to surface City i. Result in erosion or siltation water quality during the period of construction. The SWPPP must Planning on- or off-site;(LTS) identify the locations and types of construction activities requiring Prior to Department approval Less than
ii. Result in flooding on-or off- BMPs and other necessary compliance measures to prevent soil site; (LTS) erosion and stormwater runoff pollution. A Notice of Intent (NOl) to Project of grading Significant ill. Create runoff water (LTS); or implement a SWPPP must be submitted to the State Water Applicant/ plans iv. Impede or redirect flood Developer
flows? (LTS) Resources Control Board (SWRCB) who will issue a Waste Discharge d. Release pollutants due to Identification (WDID) number. The SWPPP and WDID must be kept project inundation (LTS) on-site during the period of construction. e. Conflict with a water quality
control plan or sustainable
groundwater management plan
(LTS)
Print Form
Notice of Determination Appendix D
From:
• Office of Planning and Research Public Agency: City of Blythe U.S. Mail: Street Address: Address: 235 N. Broadway
Blythe, CA 92225
P.O. Box 3044 1400 Tenth St., Rm 113 Contact: Mallory Crecelius Sacramento, CA 95812-3044 Sacramento, CA 95814 Phone: (760) 922-6161 Ext. 1237 County Clerk
County of: Riverside Lead Agency (if different from above):

Address: 3470 12th Street
Riverside, CA 92501 Address:

Contact:

Phone:

SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code.

State Clearinghouse Number (if submitted to State Clearinghouse): 2021120031 Project Title: Edelweiss Sustainable Farms
Project Applicant: Edelweiss Sustainable Farms, LLC. c/o Patrick Kelly Project Location (include county): 11625 W. Hobsonway, Blythe, CA 92225, Riverside County Project Description:

The Project proposed the development of an indoor cannabis cultivation and processing facility, with 12 8-inch PVC sewer pipes to be placed underground along Hobsonway to connect to existing City sewer. E This is to advise that the City of Blythe has approved the above (• Lead Agency or • Responsible Agency)
described project on 8-09-2022 and has made the following determinations regarding the above (date)
described project.

1. The project [i will • will not] have a significant effect on the environment.

2. • An Environmental Impact Report was prepared for this project pursuant to the provisions of GEQA. • A Negative Declaration was prepared for this project pursuant to the provisions of CEQA.

3. Mitigation measures [ were • were not] made a condition of the approval of the project.

4. A mitigation reporting or monitoring plan [• was • was not] adopted for this project.

5. A statement of Overriding Considerations [L was • was not] adopted for this project.

6. Findings [D were were not] made pursuant to the provisions of CEQA.

This is to certify that the final EIR with comments and responses and record of project approval, or the negative Declaration, is available to the General Public at:
https://www.cityofblythe.ca.gov/
Signature (Public Agency): Title:

Date: Date Received for filing at OPR:

Authority cited: Sections 21083, Public Resources Code.

Reference Section 21000-21174, Public Resources Code. Revised 2011 -239-
RESOLUTION NO. 2022-027

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF BLYTHE CONTAINING FINDINGS IN SUPPORT OF
APPROVING SITE PLAN 2105-002 FOR THE EDELWEISS

SUSTAINABLE FARMS PROJECT
WHEREAS, The City Council of the City of Blythe at a Meeting held on August 9, 2022, conducted a public hearing to consider approval of Site Plan 2105-002, being a request to allow the construction of a Commercial Cannabis Complex located south of Hobsonway, north of Interstate 10, west of Lovekin Boulevard and east of Defrain Boulevard in the City of Blythe.

WHEREAS, Upon hearing and considering all written and oral testimony, argument and comment of all interested agencies, organizations and individuals desiring to be heard, the City Council made the following findings relative to approval of Site Plan 2105-002:

1. The proposed Site Plan is consistent with the General Plan.

The proposed Site Plan is consistent with the requirement of the Zoning Ordinance.

The site is physically suitable for the type and density of development proposed.

A Final Environmental Impact Report in accordance with the requirements of the California Environmental Quality Act and State CEQA Guidelines was prepared and Certified for the project.

That the proposed location of the project and the conditions under which it would be constructed will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

NOW, THEREFORE, BE IT RESOLVED: That the Blythe City Council does hereby approve Site Plan 2105-002.

PASSED, APPROVED, and ADOPTED this 9th day of August 2022, by the following called vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Dale Reynolds, Mayor
-240-
ATTESI:

Mallory Crecelius, City Clerk
-241-
Exhibit A of Resolution No. 2022-027
Site Plan 2105-002
Edelweiss Sustainable Farms Project
-242-

N DIE CITT OF ISTOE, COMET OF HYBOID, RATE OF CALPOIA

PRC TECHNICAL SITE PLAN
DEPPE
urwa pa ceo
-243-

CITY OF BLYTHE
Blythe CITY COUNCIL MEETING

STAFF REPORT

CRADLEEEE
MEETING DATE: August 9, 2022
SUBJECT: Proposed Ordinance No. 918-22 Amending Provisions of the Zoning Code Relating to Residential Care Facilities, Group Dwellings and the Definition of Family for Compliance with State and Federal Law
PRESENTED BY: Mallory Crecelius, Interim City Manager
PREPARED BY: Brittany E. Roberto, City Attorney
RECOMMENDATION: It is recommended Council, acting as the City's Planning Agency, conduct a public hearing regarding proposed Ordinance No. 918-22:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, AMENDING TITLE 17 (ZONING) OF THE BLYTHE MUNICIPAL CODE RELATING TO RESIDENTIAL CARE FACILITIES

AND THE DEFINITIONS OF GROUP DWELLINGS AND FAMILY FOR COMPLIANCE WITH STATE AND

FEDERAL LAW
FISCAL IMPACT: None.

BACKGROUND: Pursuant to State law, the City is required to treat various State-licensed residential care facilities serving six or fewer people no differently than other residential uses that are permitted by right. During the Housing Element update process, it came to staff's attention that the City's Zoning Code does not permit such facilities by right in residential zones. It also came to staff's attention that the definitions of "family" and "group dwelling" are not consistent with State and Federal law.

STAFF REPORT: The proposed Ordinance amends the table set forth in Section 17.08.010 of Title 17 of the Blythe Municipal Code to reflect that small residential care facilities (those facilities serving six or fewer people) are permitted in the Residential Estates (R-E), Low-Density Residential (R-L), Medium- to Low-Density Residential (R-M-L), Medium Density Residential (R-M), High-Density Residential (R-H), Mobile Home Residential (R/MH), Rural Residential (RR), Agriculture (A), Planned Development (P-D), and Specific Plan Resort (SPR) zones. It also amends the table set forth in Section 17.08.010 to reflect that large residential care facilities (those facilities serving seven or more people) are permitted with a conditional use permit in the Residential Estates (R-E), Low-Density Residential (R-L), Medium- to Low-Density Residential (R-M-L), Medium Density Residential (R-M), High-Density Residential (R-H), Planned Development (P-D) and Rural Residential (R-R) zones, consistent with the programs outlined in the draft Housing Element update.

The proposed ordinance also amends Chapter 17.08 to add a new Section 17.08.625 to provide a definition for "residential care facility, small" and a new Section 17.08.628 to provide a definition for "residential care facility, large". Finally, the proposed ordinance revises the definition of -244-
"family" set forth in Section 17.04.450 of Chapter 17.04 of Title 17 and the definition of "group dwelling" set forth in Section 17.08.370 of Title 17 for consistency with State and Federal law.

In addition to these changes, the City will be required to make additional amendments to the Zoning Code in connection with the Housing Element update and in compliance with State law.

Such changes will be presented to the Council at a later date.

This is the first of two public hearings regarding the proposed ordinance in accordance with the requirements of State law and the Blythe Municipal Code. The first hearing is being conducted by the City Council, acting as the City's Planning Agency.

ATTACHMENT:

1. Ordinance No. 918-22
-245-
ORDINANCE NO. 918-22

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BLYTHE, CALIFORNIA, AMENDING TITLE 17
(ZONING) OF THE BLYTHE MUNICIPAL CODE

RELATING TO RESIDENTIAL CARE FACILITIES AND

THE DEFINITIONS OF GROUP DWELLINGS AND

FAMILY FOR COMPLIANCE WITH STATE AND

FEDERAL LAW
WHEREAS, Section 17.08.010 (Uses Permitted in Each Zone) of Chapter 17.08 Fortied Usited uses in each one, in of ig ses penited othe Bly outional uSe penet and uses permitted by right; and
WHEREAS, pursuant to State law, local governments are required to treat licensed group homes and residential care facilities with six or fewer residents no differently than other residential uses that are permitted by right; and
WHEREAS, the City desires to amend Chapter 17.08 to provide definitions for small and large residential care facilities; and
WHEREAS, the City desires to amend Section 17.08.010 to permit small residential care facilities in all zones where residential uses are permitted for consistency with State law and to permit large residential care facilities in certain residential zones with a conditional use permit; WHEREAS, the City desires to amend the definition of "family" set forth in Section

17.04.450 for compliance with State and Federal law; and WHEREAS, the City desires to amend the definition of "group dwelling" set forth in Section 17.08.370 for compliance with State and Federal law; and WHEREAS, Section 17.66.060 (Public Hearings) of Chapter 17.66 (Amendments- Rezones) of Division V (Administration, Permits and Variances) of Title 17 (Zoning) of the Blythe Municipal Code requires the City Council to conduct two public hearings prior to amending the Zoning Code; and
WHEREAS, on August 9, 2022, the City Council of the City of Blythe, acting as the City's Planning Agency, held a duly noticed public hearing and considered the staff report ecommendations by staff, and public testimony regarding the proposed amendments to Title 1' (Zoning) of the Blythe Municipal Code; and
WHEREAS, on _, 2022, the City Council of the City of Blythe held a second duly noticed public hearing and considered the staff report, recommendations by staff, and -246-
public testimony regarding the proposed amendments to Title 17 (Zoning) of the Blythe Municipal Code; and
WHEREAS, this Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines. The Ordinance has been found to be exempt pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exception) because the Ordinance will not have a significant effect on the environment; and WHEREAS, the proposed Zoning Code amendments are consistent with the City's General Plan; and
WHEREAS, all legal requirements prior to the adoption of this Ordinance have occurred.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BLYTHE DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. General Plan Consistency. The City Council finds that the Zoning Code amendments are consistent with the City's General Plan and are required to implement programs within the City's Housing Element.

SECTION 2. Amendment to Section 17.08.010. In the table set forth in Section

17.08.010 (Uses Permitted in Each Zone) of Chapter 17.08 (Permitted Uses) of Division II (Zones) of Title 17 (Loning) of the Blythe Municipal Code, the Residential uses category shall be amended as follows to reflect that small residential care facilities are permitted in all zones where residential uses are permitted and large residential care facilities are permitted in certain residential zones with a conditional use permit (additions in underline):

ZONES USE TYPES ZONES
R- R- R- R- R- P- C- C. I-

SPR RR A R/MH

E L M-L M H D G G
Residential:
/ Single-Family Dwelling
/ Two-Family Dwelling
X / Multiple-Family Dwelling
/ / / / / Group Dwelling
xX X Guest House
/ Mobile Home Park x
Recreational
Vehicle Park
Residential Care Facilities
(Small)
Residential Care Facilities
L (Large)
-247-
Residential Unit,
One per 20 acres
Single-Room
Occupancy
XE Transitional Housing an
x x X Supportive Housing
Emergency Shelter
SECTION 3. Amendment to Section 17.08.370. Section 17.08.370 (Group Dwelling) of Chapter 17.08 (Permitted Uses) of Division II (Zones) of Title 17 (Zoning) of the Blythe Municipal Code shall be amended to read as follows:

17.08.370 - Group dwelling.
"Group dwelling" means a non-licensed residential facility including, but not limited to, dormitories, sorority or fraternity houses, retirement homes, boardinghouses and roominghouses.

State licensed facilities are not group dwellings.

SECTION 4. Amendment to Chapter 17.08. Chapter 17.08 (Permitted Uses) of Division II (Zones) of Title 17 (Zoning) of the Blythe Municipal Code shall be amended to add new Sections 17.08.625 and 17.08.628 to read as follows:

17.08.625 - Residential care facility, small.
"Residential care facility, small" means any type of state licensed residential facility providing non-medical services, which, by state law, is required to be treated as a residential use of property when serving six or fewer people.

17.08.628 - Residential care facility, large.
"Residential care facility, large" means any type of state licensed residential facility broviding non-medical services for seven or more people. A residential care facility operating as a family as provided for in 17.04.450 shall be treated as a family SECTION 5. Amendment to Section 17.04.450. Section 17.04.450 (Family) of Chapter

17.04 (Definitions) of Division I (General Provisions) of Title 17 (Zoning) of the Blythe Municipal Code shall be amended to read as follows:

17.04.450 - Family.
"Family" means any group of individuals living together in one dwelling unit as the functional equivalent of a family where the residents may share household responsibilities and activities such as living expenses, chores, and eating meals together. -248-
SECTION 6. Environmental Compliance. Pursuant to the California Environmental Quality Act (CEQA), the Ordinance has been found to be exempt pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) because the Ordinance will not have a significant effect on the environment. This exemption applies where it can be seen with certainty that the project will not have any significant effect on the environment. These changes are to codify State and Federal law.

SECTION 7. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Blythe hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.